Carey v. Jackson

603 P.2d 868, 1979 Wyo. LEXIS 493
CourtWyoming Supreme Court
DecidedDecember 7, 1979
Docket5123
StatusPublished
Cited by41 cases

This text of 603 P.2d 868 (Carey v. Jackson) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carey v. Jackson, 603 P.2d 868, 1979 Wyo. LEXIS 493 (Wyo. 1979).

Opinions

RAPER, Chief Justice.

The central issue presented by this appeal is whether written gift agreements purporting to transfer certain items of personal property from mother to daughter are sufficient in themselves to constitute a valid gift inter vivos where there was no manual delivery of the items of personal property. Upon a special verdict of the jury which found that Bernice Jackson did not give the items listed in the gift agreements to her daughter, Genevieve B. Carey, the plaintiff-appellant in this case, the district court entered judgment denying the appellant’s claim for relief.1

We will reverse the judgment of the district court.

The claims and facts of this case are exceedingly detailed and complex and the course of this litigation was tortuous and unnecessarily circuitous. The appellant is the daughter of Bernice Jackson by a marriage which predated Bernice Jackson’s marriage to the appellee. Appellant’s natural father died in an accident in 1932. Bernice Jackson was married to the appel-lee in 1941. During the early years of the Jacksons’ marriage, appellant lived with them and shared their home. Throughout her life, appellant was very close to her mother. In 1951, appellant was married to Joseph M. Carey and she lived with him and apart from her mother until his death in 1958. After the death of her husband, appellant again began living with her mother and the appellee. In 1961, a home was purchased by the parties to this dispute. Appellant provided the down payment for the house and the home was deeded to the appellant, her mother, and the appellee as joint tenants with right of survivorship. Appellant paid one-half of the mortgage payments, and sometimes all of them from 1962 through 1977. The three lived together in that house until 1965 when an adjoining piece of property came up for sale. Appellant purchased the property and moved into it and made her home there.2 Appellant continued to be a part owner of the first home which was occupied by her mother and the appellee, left many of her possessions there, had a key to that home, and visited her mother virtually every day until her death in 1975.

[870]*870On July 3, 1969, the appellant and her mother signed a gift agreement which purported to make a gift from mother to daughter of some 23 pieces of jewelry and a set of Spode China. This agreement was prepared by an attorney with whom both the appellant and her mother consulted:

“WHEREAS, Bernice E. Jackson, hereinafter called the Donor, is the owner and in possession of certain articles of personal property located in Laramie County, Wyoming, and
“WHEREAS, it is Donors [sic] intention to give said articles, irrevocably, to her daughter, Genevieve B. Carey, hereinafter called the Donee, and
“WHEREAS, it is Donees [sic] intention and wish to receive and accept said articles as an irrevocable gift,
“NOW THEREFORE Donor and Do-nee, as mother and daughter, do hereby agree as follows:
“1) Donor hereby agrees to give and by these presents does hereby voluntarily give and transfer all her right, title and interest in and to the following described personal property to Donee; to-wit, [List of items deleted.]
“2) Donee hereby, upon delivery to her of said articles and upon execution, delivery and receipt of this instrument, accepts said articles as a gift.
“3) Both parties further agree that Do-nee may, at her option, loan any or all of said articles to Donor for her temporary use of the same, and agree that any future delivery of any of said articles to Donor shall not in any manner affect the validity of this transfer as a gift and is not intended to re-transfer ownership or title of said articles.
“Dated, signed and delivered this 3rd day of July. 1969.
“/s/ Bernice E. Jackson DONOR
“/s/ E. L. Patrick WITNESS
“/s/ Genevieve B. Carey DONEE
“Subscribed and sworn to before me, a Notary Public, this 3rd day of July. 1969.
“/s/ Marguerite Offutt NOTARY PUBLIC
“SEAL
“My Commission Expires Jan. 18,1970.”

Most of the items of jewelry, listed in the agreement, were gifts from the appellant to her mother and the china was a gift largely from the appellee to his wife, though some pieces were gifts from others to Mrs. Jackson.3 It is undisputed that the items listed in the agreement remained in the home occupied by the Jacksons until after the death of Mrs. Jackson and that no formal manual delivery of them was ever made to the appellant. The appellant did, on occasion, make use of some items of the jewelry and she had free access to and knowledge of the combination of the safe where the jewelry was kept.

On November 16, 1971, the appellant and her mother entered into a second gift agreement whereby Mrs. Jackson purported to make a gift to the appellant of her collection of cut glass antiques. This agreement was typed by the appellant using the 1969 gift agreement as a model and was signed by the appellant and Mrs. Jackson at a Cheyenne hospital just before Mrs. Jackson was to have major surgery:

“WHEREAS, Bernice E. Jackson, hereinafter called the Doner [sic], is the owner and in possession of certain articles of personal property located in Laramie County, Wyoming, and
“WHEREAS, it is Donors [sic] intention to give said articles,’ [sic] irrevocably, to her daughter, Genevieve B. Carey, hereinafter called the Donee, and
“WHEREAS, it is Donees [sic] intention and wish to receive and accept said articles as an irrevocable gift,
“NOW THEREFORE Donor and Do-nee, as mother and daughter, do hereby agree as follows:
[871]*871“1) Donor hereby agrees to give and by these presents does hereby voluntarily give and transfer all her right, title and interest in and to the following described personal property to Donee: to-wit, [List of items deleted.]
“2) Donee hereby, upon delivery to her of said articles and upon execution, delivery and receipt of the instrument, accepts' said articles as a gift.
“3) Both parties further agree that Do-nee may, at her option, loan any or all of said articles to Donor for her temporary use of the same, and agree that any future delivery of any of said articles to Donor shall not in any manner affect the validity of this transfer as a gift and is not intended to retransfer ownership or title of said articles.
“Dated, signed and delivered this 16th day of November [sic] 1971.
“/s/ Bernice E. Jackson DONOR
“/s/ Sister Mary Concetta WITNESS
“/&/ Genevieve B. Carey DONEE”

Many of the items included on this list were also gifts from' the appellant to her mother. Some were gifts from others to Mrs. Jackson. Many were purchased by Mrs. Jackson herself while accompanied by the appellant and the appellee.

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Bluebook (online)
603 P.2d 868, 1979 Wyo. LEXIS 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carey-v-jackson-wyo-1979.