McHale v. Toole
McHale v. Toole
Opinion of the Court
Opinion by
This is an appeal from tbe decree of tbe court below awarding to tbe plaintiff, as administratrix of tbe Estate of Beezie McHale, a sum of money wbicb bad been deposited by Beezie McHale in tbe Miners Savings Bank of Wilkes-Barre, but wbicb, shortly prior to her death, bad been transferred to an account in tbe name of Margaret Toole. Tbe latter claimed tbe fund as a gift mortis causa. From tbe facts found by tbe court below it appears that Beezie McHale was in falling health and decided to go to a hospital. Desiring to provide for her expenses there from tbe money in bank, and contemplating also a gift to her friend, she, on January 28,1916, accompanied by Margaret Toole, went to tbe bank with tbe bank book. She said to tbe bank officer that she wished to have tbe name of Margaret Toole added to tbe account, so that in the future if she wished to draw any money or send her for any money she would have no trouble in getting it, and she added that she wished tbe
The assignments of error are overruled, the decree is affirmed, and this appeal is dismissed at the cost of appellant.
Reference
- Full Case Name
- McHale, Administratrix v. Toole
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- 8 cases
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- Syllabus
- Decedents’ estates—Gifts mortis causa—Bank deposits—Insufficient evidence. 1. In every valid gift a present title must vest in the donee, irrevocable in the ordinary case of a gift inter vivos, revocable only upon the recovery of the donor in gifts mortis causa. 2. To constitute a gift mortis causa, it must be made in contemplation of death, and there must be complete delivery. 3. In a suit in equity brought by the administrator of a decedent to recover from defendant a sum of money alleged to be held by defendant for the use of plaintiff’s decedent, it appeared that decedent had a sum of money deposited in a bank; that she was about to go to a hospital and desired to make possible the withdrawal of certain of the funds for her expenses there; that she went with defendant to the bank and told the bank officer that she wished to have defendant’s name added to the account so that in the future if she wished to draw any money or send her for any money she would have no trouble-in getting it, and she added that she wished the money to go to defendant after her death. Before decedent’s death defendant drew out the money and deposited the same in bank in her own name. The defendant contended that the transaction constituted a gift mortis causa and that she was entitled to the money. The trial judge decided that it was decedent’s intention to retain control over the fund during her life; and that the elements of a gift mortis causa were lacking and entered a decree in favor of plaintiff. Held, the relief prayed for was properly granted.