Randell Estate v. Randell et al., (1972) 2 Nfld. & P.E.I.R. 523 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 02, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 523 (NFSC)

Randell Estate v. Randell (1972), 2 Nfld. & P.E.I.R. 523 (NFSC)

MLB headnote and full text

Randell's Estate v. Randell et al.

Indexed As: Randell Estate v. Randell et al.

Newfoundland Supreme Court

At Trial

Higgins, J.

February 2, 1972.

Summary:

The trial court allowed in part the action of the administrator of an estate for a declaration that two claimants to the estate were not entitled to certain property. The trial court held that the claimant D.R. was not entitled to the funds in a savings account held jointly with the deceased. The trial court held that the claimant J.C. was entitled to certain properties transferred to him by the deceased by a valid donatio mortis causa. The claimant D.R. was the nephew of the dead husband of the deceased. After her husband's death the deceased in apprehension of imminent surgery added D.R.'s name to her bank account as a joint tenant with rights of survivorship. The deceased directed him that in the event of her death D.R. should do certain things with the money and keep the remainder for himself. D.R. did not contribute to the account. The deceased survived the operation for 23 years. The trial court held that when a person transfers his own money into a joint account, a resulting trust for the transferor is presumed. D.R. failed to rebut the presumption and the trial court held the bank account belonged to the deceased.

The claimant J.C., was the son of a niece of the deceased's husband. J.C. was close to the deceased, who was fond of him. On her death bed the deceased asked that J.C. be sent for and when he arrived, the deceased in the presence of two other people sent for an envelope. When she received it, she placed it in the hand of J.C. The deceased died almost immediately. The envelope contained money, two bank passbooks, a share certificate and letters of administration to her husband's estate. The trial court held that the delivery of the envelope was a valid donatio mortis causa of the contents. The trial court held further that the transfer of the money, the bank books and the share certificate was sufficient in the case of a donatio mortis causa to pass title to the property they represented. The trial court held, however, that the transfer of the letters of administration was not sufficient to transfer title to her real property, which therefore remained in her estate.

Gifts - Topic 724

Gifts inter vivos - Transfers in joint tenancy - Transfers to joint bank accounts - Banks and banking - Joint bank account with right of survivorship - Survivor did not contribute to or operate account - Presumption against joint tenancy and gift - Resulting trust - Newfoundland Supreme Court held survivor not entitled to any monies in joint bank account.

Gifts - Topic 1521

Gifts mortis causa - Elements of a valid transfer - General - Requirements - Deceased on her death placed an envelope in the hand of the donee - Deceased died immediately - Newfoundland Supreme Court held requirements of valid donatio mortis causa met and contents of envelope transferred to donee.

Gifts - Topic 1643

Gifts mortis causa - Validity, particular types of property - Bank accounts - Title - Deceased delivered bank passbook to donee - Newfoundland Supreme Court held transfer of passbook sufficient in case of donatio mortis causa to pass title to funds in account.

Gifts - Topic 1644

Gifts mortis causa - Validity, particular types of property - Money - Paper currency - Newfoundland Supreme Court held delivery of paper currency by deceased sufficient in case of donatio mortis causa to pass title.

Gifts - Topic 1645

Gifts mortis causa - Validity, particular types of property - Share certificates - Title - Deceased delivered share certificate to donee without completing transfer form - Newfoundland Supreme Court held transfer of share certificate sufficient in case of donatio mortis causa to pass title to shares.

Gifts - Topic 1646

Gifts mortis causa - Validity, particular types of property - Letters of administration of estate - Title to realty - Deceased delivered letters of administration of estate of her dead husband to donee - Newfoundland Supreme Court held transfer of letters of administration not sufficient to pass title to real property of deceased - Trial court held real property part of deceased's estate.

Cases Noticed:

Niles v. Lake, [1947] 2 D.L.R. 248, appld.

Cain v. Moon, [1896] 2 Q.B. 283, appld.

Birch v. Treasury Solicitor, [1951] 1 Ch. 298, appld.

Wildish v. Fowler (1888), 5 T.L.R. 113, folld.

Re Kuyat, 33 D.L.R.(2d) 153, folld.

Counsel:

Raymond J. Halley, for the plaintiff;

D. Paul Althouse, for the defendant, Douglas Randell;

Leo D. Barry, for the defendant, Jonathan Cole.