Fender Et Al. v. Foust Et Al‪.‬

Equity ? Estates of Deceased Persons ? Jurisdiction ? Gifts Causa Mortis ? Validity ? Evidence ? Declarations of Donor ? When Inadmissible ? Appeal ? Findings ? When Controlling. Equity ? Action by Beneficiaries to Recover Personal Property for Benefit of Estate ? Jurisdiction. 1. A court of equity has jurisdiction of an action brought for the benefit of an estate by the beneficiaries under a will, on refusal of the administrator to act, to recover personal property held and claimed by one as a gift from the decedent. Same ? After Acquisition of Jurisdiction Equity will Retain It for Disposition of All Questions Involved. 2. After a court of equity has taken jurisdiction of a cause it will retain it for the purpose of disposing of all questions involved. Gifts Inter Vivos ? Essentials. 3. The essential elements of a gift inter vivos are delivery of the article by the donor to the donee, the accompanying present intention to vest the legal title in the latter and acceptance of it by him, and when so made it becomes at once irrevocable. Gifts Causa Mortis ? Essentials. 4. To constitute a gift one causa mortis, it must have been made in contemplation, fear or peril of death; the donor must have died of the illness or peril which he then feared or contemplated, - Page 74 and delivery of the subject of the gift must have been made with the intent that title should vest only in case of death. Same ? Delivery of Promissory Notes Reserving Interest During Life of Donor ? Validity of Gift. 5. Delivery of promissory notes and Liberty bonds with the condition that the interest therefrom should go to the donor as long as he lived does not invalidate the gift as one causa mortis, where the other two elements mentioned above (par. 4) necessary to such gift are present. Same ? Declarations of Donor After Gift Inadmissible in Evidence, When. 6. While declarations of a donor of a gift causa mortis made prior to delivery of the subject of the gift are admissible in evidence, those made after the gift are incompetent for the purpose of defeating the donees claim to the property so given. Same ? Delivery of Deposit Book Sufficient Delivery of Deposits. 7. Where donor, believing himself to be in peril of death from heart disease, handed bank pass-books to his brother with the statement that he should have them, the delivery of the books was a sufficient delivery of the deposits represented by them, his intention to make the gift being shown by a writing left with each bank to the effect that the account in each was a joint one upon which the brother could draw and that on the death of either the other should have what was remaining in the account. Same ? Findings ? When Controlling on Appeal. 8. While endorsement of promissory notes owned by decedent on turning them over to his brother who claimed them as gifts causa mortis was consistent with an intent on the part of the donor to make a gift, supported as it was by oral testimony of others that they were intended as gifts, in view of evidence of still others tending to show that they were delivered to the brother with the intention that they should be a part of decedents estate to be divided among plaintiffs, his heirs, the finding of the court that they were not intended as gifts may not be disturbed on appeal, under the rule that in equity cases, where the evidence is in conflict, the findings of the trial court are controlling. - Page 75