18 N.Y.S. 852 | New York Court of Common Pleas | 1891
This action was originally brought by the plaintiff against the Bowery Savings Bank to recover the sum of $793.38 on deposit to-the credit of Georgiana H. Williams, deceased, which she-claimed as a gift causa mortis from Miss Williams. After her death the defendant applied for and obtained letters of administration, and thereafter, as such administratrix, made a demand upon the bank for the money; whereupon the bank obtained an order of interpleader, whereby the defendant was substituted as defendant in this action. The question to be determined is whether or not there was a valid gift to the plaintiff causa mortis. The deceased was the niece of the plaintiff, being the daughter of plaintiff’s sister. The other next of kin were Grover E. Hurlburt, a maternal uncle; Harriet M. Goodrich, Maria Clark, Charlotte Genet, and Frances C. Brooks, the defendant herein, paternal aunts. Miss Williams had lived for a number of years in the same house with the plaintiff, but had paid her own rent, and owned the furniture in her rooms, together with some family pictures and two bank books, representing about. $1,000. The Bowery Savings Bank book was in a trunk in her room. Where the other bank book was does not clearly appear from the evidence. The deceased had been ill about a week before the alleged gift was made, suffering from an intestinal obstruction. She died about 4 o’clock on a Sunday afternoon. On the evening before her death, at about 11 o’clock, the physician in attendance testified that she was very weak; that for some time she had been under the influence of morphine to alleviate her sufferings; that at that time she did not carry on any lengthy conversation, but, as a rule, merely answered questions put'to her by saying “yes” or “no” in a very feeble voice. He further testified that he again called upon his patient about 8 o’clock on Sunday morning, and found her still weaker, and in about the same mental condition. The alleged gift is said to have been made about 4 o’clock on Sun- - day morning. One of the witnesses for the plaintiff testified that plaintiff came to the bed, and said, “You are -very sick;” to which Miss Williams replied, “I ani very sick, ain’t I, Aunt Mary?” That plaintiff then said, “Yes, Georgie, you are very sick. Have you anything you would like to say?” The other witness testified that the plaintiff was sitting on the side of the bed when the deceased said to her, “ Aunt Mary, I am very sick. Do you think I will get well?” To which the plaintiff replied, “No, Georgie; I don’t