Mace v. Magna Trust Bank

546 N.E.2d 1047, 190 Ill. App. 3d 650, 137 Ill. Dec. 934, 1989 Ill. App. LEXIS 1633
CourtAppellate Court of Illinois
DecidedOctober 23, 1989
DocketNo. 5—88—0447
StatusPublished
Cited by1 cases

This text of 546 N.E.2d 1047 (Mace v. Magna Trust Bank) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mace v. Magna Trust Bank, 546 N.E.2d 1047, 190 Ill. App. 3d 650, 137 Ill. Dec. 934, 1989 Ill. App. LEXIS 1633 (Ill. Ct. App. 1989).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

Ingeborg Kremer died January 20, 1987, a few months after the death of her husband, Otto Kremer. Her last will and testament dated May 26, 1983, was admitted to probate, and Magna Trust Company was appointed as executor on January 26, 1987. Ingeborg’s will left her entire estate in equal shares to her seven children, Norbert Kremer, Harald “Skip” Kremer, Patricia Mace, Barbara Diehl, Bruce Kremer, Ingrid Kremer and Andrew Kremer.

During the administration of this estate the executor filed a petition, seeking approval of certain acts of the executor with regard to the disposition of personalty of the estate. Patricia Mace, a daughter and beneficiary under the will, filed a response to the petition, objecting to the disposition of some of the property. A hearing on the matter was conducted whereupon the court entered an order dispensing with a final disposition as to the personal property. Patricia Mace appeals from the court’s disposition of three matters, including the distribution of Ingeborg Kremer’s cameras, a collection of coins, and a loan purportedly made to Ingeborg Kremer.

The court order entered May 2, 1988, stated in part:

“The decedent possessed certain cameras during her lifetime and made completed gifts of such cameras to Harald Kremer, Norbert Kremer, Andrew Kremer and Bruce Kremer during her lifetime, and the estate of the decedent had no interest in such cameras at the time of the decedent’s death. The decedent also possessed various items of photographic equipment and darkroom equipment that formerly belonged to her deceased husband, and the gifts of cameras to the aforesaid heirs did not include gifts of such photographic equipment and darkroom equipment.”

We first address the claim of Patricia Mace that the court’s finding that the decedent made completed inter vivos gifts of certain cameras to her four sons was against the manifest weight of the evidence.

When Ingeborg Kremer’s husband Otto died, he owned an extensive collection of camera equipment and darkroom equipment. This collection become the property of Ingeborg, since she was the sole beneficiary of Otto’s will. Roger Beaman, who is the president and chief executive officer' of Magna Trust Company, stated in a petition filed with the probate court that the camera equipment did not constitute assets of Ingeborg’s estate. However, it was the executor’s position that the darkroom equipment was included in the estate inventory. His conclusion was based on discussions he had with the Kremer children, wherein it became evident to him that Ingeborg gave the cameras to the boys. Mr. Beaman testified that he spoke with all of the children except Bruce, and that all of those he spoke with, except Patricia Mace, indicated that Ingeborg had given the camera equipment to the boys as gifts. Mr. Beaman testified that it was his impression that Ingeborg gave the camera equipment to her sons in order to equalize the distribution of gifts of jewelry she had made to the girls.

At the hearing, Barbara Diehl testified that prior to her mother’s death, her mother had distributed most of her jewelry among Ingrid, Patricia and herself. Mrs. Diehl testified that she believed the cameras and camera equipment were given to her brothers prior to her mother’s death, and that those items were not to be included as estate assets. She believed, however, that the darkroom equipment was not given to her brothers and would be part of the estate. Ingrid Kremer also testified that prior to her death her mother gave the camera equipment to her sons.

Andrew Kremer testified that after his father died, his mother told him that he and Skip should get together with Bruce and they should take whatever camera equipment they desired. He further testified that later, when Norbert came to visit his mother, it was determined that the camera equipment was to be divided among the four boys. It was then that Andrew and Norbert took the camera equipment from their father’s bedroom and put it in Andrew’s room, which was in the basement of their mother’s home. Andrew testified that until that time the camera equipment had always been kept in his father’s room.

Norbert testified that when he visited his mother for Christmas in 1986, she made it very clear to him that she intended the cameras to be divided among her sons. Harald “Skip” Kremer also testified that shortly before Christmas of 1986, his mother told him that he should take his share of the cameras. Andrew was present when his mother advised Harald of this. Harald testified that Andrew was compiling an inventory of the cameras and that he and his brothers agreed that they would get together at a later time to decide how to divide the cameras.

Although Harald and the others received a copy of the inventory of the camera equipment prior to their mother’s death, it wasn’t until after her death that the four brothers divided the camera equipment. Harald testified that he and his brothers waited until after their mother’s death to divide the items because they did not consider it a high priority, and it was not something they felt they had to do immediately.

Mr. Jack Strobel was called as a witness. He testified that he is the owner of City Photo Supply, a camera supply company. Mr. Strobel testified that shortly after Otto Kremer’s death, Andrew Kremer contacted his store about having the camera equipment appraised. Jack Strobel testified that the appraisal was only with regard to the camera equipment, and it had nothing to do with the darkroom equipment.

We note at the outset that it is the province of the trial court to weigh the testimony, together with all the other evidence and circumstances appearing in the case, and determine whether the property in question belongs to the estate of the decedent. The court’s finding on the issue may not be upset unless it is against the manifest weight of the evidence. Storr v. Storr (1946), 329 Ill. App. 537, 547, 69 N.E.2d 916, 921.

It is presumed that when a mother transfers or delivers property belonging to her to her child a gift of the same is intended. (Nolan v. American Telephone & Telegraph Co. (1945), 326 Ill. App. 328, 343-44, 61 N.E.2d 876, 882.) Appellant, Patricia Mace, in her brief argues, however, that clear and convincing evidence of a change in possession of the camera equipment was not shown, especially as in this case Andrew and his mother shared a residence. Mrs. Mace cites In re Estate of McIntire (1976), 44 Ill. App. 3d 726, 358 N.E.2d 903, in support of this argument. Mclntire held that the evidence did not establish that a valid, completed, inter vivos gift of livestock had been made to the purported' donee. The evidence in that case consisted of testimony by the alleged donee Sattie York, and others, that the decedent had told them at unspecified times that he had given the cattle to Sattie York. Mclntire is distinguishable since there was ample evidence in the record in this case that the intent of Ingeborg Kremer to give the camera equipment to her sons was accomplished.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Estate of Parker
2011 IL App (1st) 102871 (Appellate Court of Illinois, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
546 N.E.2d 1047, 190 Ill. App. 3d 650, 137 Ill. Dec. 934, 1989 Ill. App. LEXIS 1633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mace-v-magna-trust-bank-illappct-1989.