Brantley v. Cameron

Brantley v. Cameron. Final Settlement of Administrator’s Accounts. 1. Deliveri/, as perfecting gift. — Delivery, actual or constructive, is necessary to perfect a gift of personal property. Appeal from the Probate Court of Talladega. Tried before the lion. Geo. IT. Miller. In the matter of the final settlement of the accounts and vouchers of Mrs. Olive W. Cameron, as the administratrix of the estate of’Mrs. Caroline IT. Ford, deceased. The distributees filed written objections to the account-current as stated by the administratrix, aud moved to charge her, among other tilings, with “ a lot of silver-ware, valued at $100.” The only evidence adduced in reference to this item was as follows : Mrs. Ford, the decedent, bought a lot of silver-ware, at $50, at the administrator’s sale of her husband’s property in Georgia ; and she carried it with her when she went to live with Mrs. Cameron, who was her sister. J. N. Weisinger had married a daughter of Mrs. Cameron, and lived in the house with them. Said Weisinger testified, as a witness for the administratrix, “that on one occasion while his wife and Mrs. Ford were present, his wife spoke to him about some silver-ware that she had heard was for sale very cheap, and asked him if he could let her have • the money to buy it; that Mrs. Ford then" remarked, “ What is the use of your huyi/ng silver-ware? You can have mine that lie did not see any sil ver-ware delivered to his wife by' Mrs. Ford at the time, and could not say whether or-not any sil ver-ware was ever delivered or turned over to his wife by Mrs. Ford, or by any one else.” The court refused to charge the administratrix with this item, and the distributees excepted; and they now assign this ruling, with others, as error. Heflin, Bowdon & Knox, for appellant, cited Sims v. Sims, 2 Ala. 117; Huddleston v: Huey, 73 Ala. 215; Walker v. Crews, 73 Ala. 412. Jno. "W. Bishop, contra. [MAJORITY — SOMEKVILLE, J.] SOMEKVILLE, J. We have examined the evidence in this cause with all proper care, and are not clearly satisfied that the finding of the Probate Judge is erroneous, except in one particular. The administratrix should have been charged with the item of silver-ware, shown to have been worth the sum of fifty dollars. The alleged gift of these articles by the deceased to Mrs. Weisinger is not sustained by the testimony ; the fact of delivery, either actual or constructive, not being proved. A gift of personal property, without delivery, is ineffectual to pass the title to the donee. — Huddleston v. Huey, 73 Ala. 215. The judgment is reversed, and the cause remanded, that the account may be re-stated with this correction. In other particulars, we find no error in the record.