Shadburn Banking Co. v. Streetman

179 S.E. 377, 180 Ga. 500, 99 A.L.R. 854, 1935 Ga. LEXIS 459
CourtSupreme Court of Georgia
DecidedMarch 16, 1935
DocketNos. 10640, 10666
StatusPublished
Cited by3 cases

This text of 179 S.E. 377 (Shadburn Banking Co. v. Streetman) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shadburn Banking Co. v. Streetman, 179 S.E. 377, 180 Ga. 500, 99 A.L.R. 854, 1935 Ga. LEXIS 459 (Ga. 1935).

Opinion

Gilbert, Justice.

G. W. Streetman and his wife, being aged, infirm, and unable to care for themselves, during the last years of their lives made their home near Mrs. W. 0. Davis, who was a half-sister of G. W. Streetman. Mrs. Streetman died on February 1, 1930, and G. W. Streetman then moved to the home-of Mrs. Davis, where he died one month later. At the time of his death he had $1200 on deposit with Shadburn Banking Company. W. 0. Davis applied for letters of administration on Streetman’s estate. An intervention was filed by Mrs. W. 0. Davis, in which she alleged that Streetman had made a contract with her under which she agreed to wait on him and his wife and care for them during the remainder of their lives, and for this service Mrs. Davis was to have “what little estate he had left after paying any debts he might owe and funeral expenses.” She alleged her relationship and faithful compliance with her part of the contract, and detailed the services rendered, the helplessness of the man and his wife and the mental feebleness of the latter. She averred that the value of the services rendered was many times the value of the estate, that none of decedent’s other relatives helped him, and that it would be unjust and inequitable for them to try to control the administration of the estate when they had no interest in it and she, Mrs. Davis, was entitled to all of it. She prayed that she might be appointed administratrix. It appears that J. S. Streetman filed a caveat to the proceeding, and on the hearing, which occurred in April, 1930, the.ordinary appointed Mrs. W. O. Davis administratrix. She qualified and gave bond, the sureties being W. O. Davis, Tapp, Pugh, and Bradberry. In April-, 1930, the $1200 deposit in bank was transferred out of the account of G. W. Streetman at the bank and into Mrs. W. O. Davis’s name as administratrix. In January, 1931, Mrs. Davis drew a check against this account; other checks were afterwards drawn; and about March 9, 1932, she drew out the last of the $1200 and the interest which had accumulated on it. On the trial she testified that she had in court the $1200 in cash, in her satchel, at the time she was testifying. J. S. Street-man, who had filed the caveat to the original application for the appointment of the administrator, entered an appeal from the order [502]*502of April, 1930, appointing Mrs. Davis, and on the trial of this appeal in the superior court the jury rendered the following verdict: “We, the jury, find in favor of J. S. Streetman, caveator, and find that he be appointed administrator as prayed.” On this a decree was entered by the court in which it was adjudged that J. S. Street-man “be and hereby is appointed administrator of the estate of G-. W. Streetman, deceased, and the ordinary of Gwinnett County is hereby directed to issue letters of administration in accordance with this judgment, upon his qualifying as provided by law.” This decree is dated March 9,1932.

In May, 1932, the present case was instituted. J. S. Streetman filed suit in the superior court against the Shadburn Banking Company, alleging that he was the duly qualified administrator of G. W. Streetman, that the bank was indebted to him $1200 and interest, and refused to pay it. He prayed for judgment. To this petition the bank answered that the money had previously been drawn out by Mrs. W. O. Davis as administratrix. It prayed that Mrs. Davis be made a party to the case, and, if it should be shown that plaintiff was entitled to the fund, that Mrs. Davis be required to pay it over. In an amended answer the bank prayed that the sureties on Mrs. Davis's administrator's bond also be made parties. The court ordered that Mrs. Davis, individually, and as administratrix be made a party. J. S. Streetman had filed objections to the proposal to make Mrs. Davis a party, and these were overruled. He also demurred to the answer of the bank. This also was overruled. Exceptions pendente lite were entered. Mrs. Davis filed an answer and cross-action, in which she set up her contract with G. W. Street-man, deceased, but stated it in terms different from those used in the intervention she had filed in the ordinary's court. The allegation in the latter paper was that G. W. Streetman agreed that she was to have “what little estate he had left after paying any debts he might owe and funeral expenses.” The averment in the answer is that “she was to have as her own all the property owned by him of whatsoever nature, subject to his needs and whatever amount thereof in connection with the services rendered by her for the support and maintenance of the said Streetman and his wife during the remainder of their lives.” In this answer and cross-action the further allegation appeared that upon deposit of the money by G. W. Streetman in the bank the latter became a volunteer trustee [503]*503of the fund for the benefit of Mrs. Davis, and on Streetman’s death was bound to deliver it to her. The specific prayers were for a declaration of trust to that effect, for a decree of specific performance of the contract, and that it be adjudged that the delivery ol the money by the bank to her had been an execution of the trust and an acquittance from liability on the part of the bank.

After Mrs. Davis’s answer and cross-action were filed, J. S. Street-man amended his original petition, alleging that the amount originally sued for constituted all the estate except $77 in the hands of Mrs. Davis, and that the funeral expenses and doctor’s bill had not been paid. He had also previously filed a plea to the jurisdiction as to Mrs. Davis’s cross-action, alleging that he was a resident of Forsyth County. He demurred to the answer and cross-action of Mrs. Davis. This demurrer was overruled, and he excepted. The case came on to be tried, and after the introduction of evidence the court, on motion of the plaintilf, directed a verdict fo/ $1200 and interest in favor of the plaintilf against all the defendants, that is to say, the bank, Mrs. Davis, and the four sureties on her administrator’s bond. A decree was entered accordingly. A motion for new trial was filed by Mrs. Davis, and the bank; this was overruled, and they excepted. In his direction of the verdict the court said: “The way I see the evidence, there is no question but that Mrs. Davis is entitled to a considerable sum for her labor in waiting on and her care and attention of these old people; but I don’t think the evidence in this case, taking it all together, authorizes a verdict in favor of her for the whole amount, but it would be rather for whatever her services were really worth, taking all the evidence together. . . The court will direct that one of you gentlemen sign a verdict in favor of the administrator against the bank for $1200 and against the codefendant, Mrs. Davis, and that she be allowed to set up her rights as a debt against the estate for all services that the estate may owe her.” In the main bill of exceptions complaint is made of the overruling of the motion for new trial. In the cross-bill J. S. Streetman complains of the alleged errors embraced within his exceptions pendente lite. We do not find in the record any order making the four sureties parties to the cause, nor have we seen any answer filed by them. Although the verdict was “against all the defendants,” and in the final decree judgment was specifically rendered against all six of the persons [504]*504indicated, the bank, Mrs. Davis, Tapp, Pugh, Bradberry, and W. 0. Davis, only the bank and Mrs. Davis moved for a new trial. In the main bill of exceptions the six are named as plaintiffs in error. In the cross-bill the six are named as defendants in error.

The court erred in directing the.

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Bluebook (online)
179 S.E. 377, 180 Ga. 500, 99 A.L.R. 854, 1935 Ga. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shadburn-banking-co-v-streetman-ga-1935.