93 Tenn. 261 | Tenn. | 1893
This is an appeal from the Chancery Court ' of Greene County, and the contest presented in the record is in respect to the ownership of a-certain note. The’note in controversy was executed by one T. D. Russell to Patrick Marshall, for the sum of ’$1,040, for a loan of money, and was secured by a deed, of trust on land. The title to this note is claimed by the defendant, Horace Brumley, and by A. N. Shown, the administrator of Patrick Marshall, and also by Bridget Marshall, the widow of the 'intestate. The original bill was filed by Bridget Marshall against A. N. Shown, administrator, T. D. Russell, and Horace Brumley, in which she alleged that her husband, the said Patrick Marshall, departed this life on July 22, 1890, and that A. N. Shown is his administrator; that on July 5, 1890,'the said Patrick Marshall gave to complainant said note, and delivered the same, with others, to said Shown, for collection for her benefit, or renewal in her name, as he sh.ould deem best, and that said note is her property. Complainant further alleges that, after said gift was complete, the said Shown, to whom the note had been delivered for complainant, allowed said Patrick Marshall, at his request, to have possession of said note for a short time; that, while in said Patrick’s possession, said note was lost or mislaid, or in some other manner passed out of his possession, and was not found until after his death, when it was discovered in the possession of defendant, Horace Brumley. - The
The administrator filed his answer as a cross-bill, in which he states that said note was then in the possession of Horace Brumley, who claimed the same as a gift from the intestate. He then charges that said Brumley was not related to' Patrick Marshall, nor was said Marshall under any obligation, legal or moral, to make him such a benefaction. Respondent further averred that the said Patrick,' at the time of the alleged gift to Brumley was old, feeble in body, impaired in intellect, and incapable of. making a valid gift of his property.
The administrator denied, in the first place, that any such gift had been made to Brumley, and, in the second place, if such a gift had been made, it was invalid for want of mental capacity on the
In the case of A. N. Shown, Administrator, v. Bridget Marshall, decided at the present term, the question was presented respecting the mental capacity of Patrick Marshall to make a gift of about $12,000 in notes to his wife, the said Bridget, and the Court held the gift to be valid. The notes involved in that suit were given to the wife on
It is insisted on behalf of Bridget Marshall that the decree of the Chancellor is erroneous, for the reason that the evidence shows that said note was given to aud received by her agent, A. 1ST. Shown, and left in his' possession for her, and that the gift was completed by actual delivery to said agent; that the gift was then irrevocable, and that Patrick Marshall had no right to withdraw the note from Shown and make another disposition of it.
The settled rule is that a parol gift of a chattel or chose in action, whether it be a gift inter vivos or causa mortis, does not pass the title to the donee without delivery and transfer of the posses
It is therefore essential to the validity of such a gift that the transaction be fully completed — that nothing essential remains to be done. If left incomplete, there exists a locus poiniientice, and what has been done may be revoked. An absolute gift, which will divest the donor’s title, requires a complete renunciation on his part, and acquisition on the part of the donee, of all the title to and interest in the subject of the gift.
It is, however, settled that the delivery need not be directly to the donee, but may be made to a third party for the donee. If the delivery to the third party is simply for the purpose of delivery to the donee, as agent or messenger of the donor, the gift is not completed until the subject of the gift is actually delivered to the donee.' In such a case, until the gift is so completed by delivery to the donee, the donor can revoke the agent’s authority, and resume possession of the article. When the delivery to the third person is to ■ him in the capacity of a trustee for the donee, and not as agent of the donor, such delivery completes the gift. To constitute such a case, the circumstances should show a full relinquishment of dominion over the property to the trustee for the
The question, then, to be decided is, was the note iu controversy delivered by Patrick Marshall to A. PT. Shown as trustee for Mrs. Bridget Marshall, the donee, and was there, at the time, such a full •renunciation of title and relinquishment of, dominion over the property to the trustee for the purposes of the trust as completed the delivery, and •constituted a valid gift inter vivos? A. U. Shown testified that about July 5, 1890,. Patrick Marshall came to his office, and took from his pocket a cloth note-ease, and handed it to witness, saying: “ ‘ There are my notes. I have given them to my wife, and we want you to take them and collect them.5 I asked him if I should pay the sum collected on the notes to him or Bridget, and he said ‘Pay them to Bridget; the notes are hers, and I want her to have what you get out of them.’” He said for witness to collect at once, and witness then asked him what he should do if the parties could not pay the notes, and he said: ■“ Take new notes in Bridget’s name.” Witness again asked him if the notes were hers and if witness must account to her for them, and he replied in the affirmative. Witness then told him he would prepare a memorandum receipt of the
W. W. Weems, who was also present on the occasion in question, states that Patrick Marshall came into the office with a wallet in his hand, and told Mr. Shown he wanted him to take his notes and collect them, aud pay the money over to Bridget; that if he could not collect them, to renew in Bridget’s name. Patrick then started down the stairway, but, before he got down, he came back, and told Mr. Shown he wanted a note from the wallet on Thomas Russell for $1,000. The note was handed him, and he left the room.
It appears that about $12,000 in notes were given to Bridget Marshall, and all were decreed to her in the case of A. N. Shown, Administrator, v. Bridget Marshall, decided at the present term. Horace Brumley, as already seen, claims the Russell note, which is the subject-matter of the ■ present suit. We are of opinion, upon the facts stated in this record, that while Shown was constituted trustee for the renewal and collection of these notes for the benefit of Bridget Marshall, yet there was not such a renunciation of the. title of the
We are of opinion the gift is valid, and the decree of the Chancellor is affirmed.