Matthew v. Matthew

243 So. 3d 1232
CourtLouisiana Court of Appeal
DecidedNovember 2, 2017
DocketCA 17–294
StatusPublished

This text of 243 So. 3d 1232 (Matthew v. Matthew) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matthew v. Matthew, 243 So. 3d 1232 (La. Ct. App. 2017).

Opinion

EZELL, Judge.

Leila Matthew appeals a trial court judgment finding she donated jewelry to her daughter, Mary Matthew. At issue in this case is whether Leila intended to donate the jewelry to Mary or whether the jewelry was intended for Mary upon Leila's death.

FACTS

Leila's mother, Leila Avery Brown McIlhenny (Mrs. McIlhenny), died on April 2, 1967, leaving three heirs: Leila, Anne Reily, and Alfred Brown, Jr. Prior to the events leading up to the present dispute, Alfred died, leaving three heirs. In February 2014, the heirs decided to divide between themselves family leases on Avery Island and Mrs. McIlhenny's jewelry, valued around $1,000,000.00, which had been in a bank box since her death. The jewelry was removed from the bank box and appraised.

Leila, Anne Reily, and Christian Brown, Alfred's son, met at Leila's house on Avery Island to divide the leases and jewelry. Christian participated in the division on behalf of himself and his siblings. The leases were divided into three equal lots. The three parties drew straws to decide the order in which they would choose the particular parcel of land with the lease they wanted. Christian chose first, Leila chose second, and Anne Reily allowed her daughter, Anne Sutherlin, the final choice because she planned on donating this lease to her daughter.

The jewelry was also divided into three equal lots based on the appraisals. There were two rings that each represented one of the lots, as the value of each ring was one-third of the total value of the jewelry. The third lot contained several pieces of jewelry which composed one-third the total *1234value of the jewelry. Once again, the parties drew straws to determine the order in which they would pick which lot of jewelry they would receive. Anne Reily chose first and selected one of the rings. Leila chose second, and her daughter, Mary, chose the lot containing several pieces of jewelry. Christian was then left with the other ring as his selection for the third choice.

After the process was complete, Mary left with the lot of jewelry she had selected. In December 2014, Leila asked Mary to return the jewelry. Mary responded with a letter stating that she was not returning the jewelry because it was a gift from her mother to her.

On July 15, 2015, Leila withdrew $222,109.39 from a Regions Performance Checking Account. The account was maintained for Mary's benefit, but Leila was listed as a co-signatory on the account.

On November 3, 2015, Mary filed suit against Leila for return of the funds. In response, Leila filed a reconventional demand seeking return of the jewelry. Leila also sought a temporary restraining order enjoining Mary from alienating the jewelry. Mary filed a motion for partial summary judgment seeking to be declared the owner of the funds in the Regions Performance Checking Account. Subsequently, Mary filed an exception of prescription relative to the action for revocation of the donation of the jewelry.

A hearing on the partial motion for summary judgment was held on June 24, 2016. The trial court determined that Mary was the owner of the Regions Performance Checking Account.

A trial on the issue of ownership of the jewelry was held on July 14, 2016. The trial court held that Leila donated the jewelry to Mary in February 2014 and declared Mary to be the owner of the jewelry. Judgment was signed on August 31, 2016. Mary appealed the judgment to this court. Mary's only issue on appeal pertains to the trial court's ruling finding that Mary is the owner of the jewelry.

DISCUSSION

On appeal, Leila alleges that the trial court erred in disregarding her testimony that she did not intend to make a gift of the jewelry to her daughter at the present time. Leila also argues that the trial court erred in basing its judgment upon the "assumptions" or "feelings" of the witnesses. Leila argues that it was her intent that Mary receive the jewelry upon her death.

"A donation inter vivos is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it." La.Civ.Code art. 1468. Donations inter vivos are to be made by authentic act unless otherwise permitted by law. La.Civ.Code art. 1541. "The donation inter vivos of a corporeal movable may also be made by delivery of the thing to the donee without any other formality." La.Civ.Code art. 1543.

The burden of establishing a donation inter vivos is on the donee who must prove the donation with strong and convincing evidence. Butler v. Reddick , 431 So.2d 396 (La.1983). Proof required to establish clear and convincing evidence requires more than a preponderance of the evidence would require, but less than what beyond a reasonable doubt would require. Farrar v. Whaley , 16-790 (La.App. 3 Cir. 2/1/17), 211 So.3d 449, writ denied , 17-409 (La. 4/13/17), 218 So.3d 626. The question of whether donative intent existed for a donation inter vivos is a factual issue which will not be reversed unless manifestly erroneous. Id.

In finding that Leila had the intent to irrevocably give the jewelry to Mary, the trial court made the following findings of fact:

*1235The Court finds there are many inconsistencies in LEILA's recollection of the events of that Saturday in February 2014. The Court also finds if MARY took the jewelry without LEILA's consent in February 2014, it is inconceivable to believe LEILA would wait nine months to ask MARY for the jewelry and then wait another seven months to recoup the loss by withdrawing the money from MARY's account. The Court accepts the testimony of Christian Brown, Anne B. Reily, Anne Sutherland [sic] and MARY and finds:
a.) LEILA was capable on the day of selection to choose the jewelry for herself; as she had done earlier with the property lease.
b.) MARY was called by LEILA to be present for the jewelry selection for MARY to choose the pieces that MARY wanted.
c.) LEILA did not want any of this jewelry for she had her own jewelry.
d.) Christian Brown, Anne B. Reily and Anne Sutherland [sic], all felt MARY was choosing the jewelry for MARY's ownership.
e.) MARY had control over which pieces to select; to the point of allowing the remaining few pieces be divided between Christian Brown and Anne B.

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

Related

Butler v. Reddick
431 So. 2d 396 (Supreme Court of Louisiana, 1983)
Terrell v. Terrell
655 So. 2d 600 (Louisiana Court of Appeal, 1995)
Farrar v. Whaley
211 So. 3d 449 (Louisiana Court of Appeal, 2017)
Wing v. N. O. Public Service, Inc.
132 So. 526 (Louisiana Court of Appeal, 1931)

Cite This Page — Counsel Stack

Bluebook (online)
243 So. 3d 1232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthew-v-matthew-lactapp-2017.