Sleigh v. Sleigh

445 S.E.2d 509, 191 W. Va. 326, 1994 W. Va. LEXIS 70
CourtWest Virginia Supreme Court
DecidedMay 27, 1994
DocketNo. 21832
StatusPublished
Cited by1 cases

This text of 445 S.E.2d 509 (Sleigh v. Sleigh) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sleigh v. Sleigh, 445 S.E.2d 509, 191 W. Va. 326, 1994 W. Va. LEXIS 70 (W. Va. 1994).

Opinion

PER CURIAM:

This is an appeal by Andrew F. Sleigh, Jr., the executor of the estate of Margaret Mal-loy Sleigh, from an order of the Circuit Court of Lewis County holding that two checks issued by Andrew F. Sleigh, Sr., to his grandson, Sean Sleigh, constituted loans and were assets of his estate and of the estate of his deceased widow, Margaret Malloy Sleigh. On appeal, the appellant claims that the trial court erred in holding that the checks constituted loans and in not holding that the checks were gifts. After reviewing the record, this Court disagrees. Consequently, the [328]*328judgment of the Circuit Court of Lewis County is affirmed.

This case grows out- of the fact that Andrew F. Sleigh, Sr., a short time before his death, directed that two checks be drawn and issued to his grandson, Sean Sleigh. The first check, dated January 31, 1988, was for $2,000.00 and was drawn upon an account registered in the name of “Andy Sleigh, Sr.” The second check, for $15,000.00, was dated February 5, 1989, and was drawn upon an account registered in the names of “Andy Sleigh, Sr. or Margaret M. Sleigh.” Less than a year after the issuance of the second check, Andrew F. Sleigh, Sr., died on January 31, 1990. In his will, he left his entire estate to his wife and widow, Margaret M. Sleigh. The two checks issued to Sean Sleigh were not appraised as assets of the estate of Andrew F. Sleigh, Sr.

Approximately six months after the death of Andrew F. Sleigh, Sr., his widow and sole beneficiary of his estate, Margaret M. Sleigh, died testate on June 28, 1991. Under her will, she left her entire estate, in equal shares, to her three children, the appellant, Andrew F. Sleigh, Jr., Richard M. Sleigh, and Mary Bergin Sleigh Skidmore. Andrew F. Sleigh, Jr., qualified as the executor of his mother’s estate. Andrew F. Sleigh, Jr., is also the father of Sean Sleigh.

In addition to leaving a will which divided her estate evenly among her three children, Margaret M. Sleigh left a codicil which devised specific pieces of real property to specific children. In the codicil, she also left a portion of her furniture to her grandson, Sean Sleigh, and certain personal items to her daughter, Mary Bergin Sleigh Skidmore, and to her son, Andrew F. Sleigh, Jr. The validity of the codicil has been legally challenged, and that challenge has not yet been resolved.

While Margaret M. Sleigh’s estate was being administered, the fact that Andrew F. Sleigh, Sr., had, during his lifetime, caused the two checks previously mentioned to be issued to his grandson, Sean Sleigh, became known, and a question arose as to whether the checks represented gifts to Sean Sleigh or whether they merely constituted loans which were appropriately a part of the estate of Andrew F. Sleigh, Sr., and thereafter a part of his widow’s estate.

As a result of the controversy over the cheeks, the appellant, Andrew F. Sleigh, Jr., the executor of the estate of Margaret M. Sleigh, petitioned the Circuit Court of Lewis County for a declaratory ruling on whether the checks constituted gifts to Sean Sleigh or whether they were loans to him.

A hearing was held in the declaratory judgment proceeding on July 13, 1992. At that hearing, Andrew F. Sleigh, Jr., testified that the two checks which were written to his son, Sean Sleigh, were unknown to him while his father’s estate was being administered and that they had come to his attention only some months later. He testified further that, prior to his father’s death, he had spent a good deal of time with his father and, on one occasion in the hospital, his father told him that he had let Sean have a sum of money and that it was forgiven. He specifically testified:

While he [the witness’ father, Andrew F. Sleigh, Sr.] was in the hospital in January, 1990,1 spent a good deal of time with him. On one occasion, he told me that he had given — let’s get this right, now. That he had let Shawn [sic] have a sum of money. It was forgiven. He never said the amount, anything.1

The witness was later cross-examined about this. The cross-examination proceeded as follows:

Q: If he had forgiven it, it had to be paid back, so that meant that you initially intended, you took it that your father meant that to be a loan.
A: I never made an interpretation of it.
Q: Well, you don’t forgive gifts, do you?
A: That was between my father and my — between grandfather and grandson. I didn’t have—
[329]*329Q: He said he was forgiven — he was forgiving—
A: He was forgiving.

Andrew F. Sleigh, Jr., further testified that during the 1960’s his son had been placed in the legal custody of Margaret M. Sleigh and that for about four years, from 1964 to 1968, Sean had maintained his home with Andrew F. Sleigh, Sr., and Margaret M. Sleigh.

On cross-examination, Andrew F. Sleigh, Jr., admitted that he was his father’s attorney-in-fact and that, on occasion, he had acted in behalf of his father, as well as in behalf of his mother, whose power he also had under a power of attorney. He testified that he had examined the check registers for the accounts upon which the two checks were drawn and that the check register for the $2,000.00 account, a register for an account solely in his father’s name, simply showed that it was payable to Sean R. Sleigh.

During the hearing, Mary Bergin Sleigh Skidmore testified that on February 6, 1989, the day after the $15,000.00 cheek was issued, her mother, Margaret M. Sleigh, told her about it. She testified:

She was very upset about it. She did— Shawn [sic] had come to ask them for money, and he wouldn’t say what he wanted it for or how much he wanted, and finally I think my — the impression I got from my mother, my father sort of got sarcastic and he said, “Well, would $15,-000.00 be enough?” and he said, “Yes.” Mother did not want to give him the money, to let him have this loan, because the— he had — she then told me that he had borrowed $2,000.00 the year before and he had not paid it back, so she did not want to give him more because of that. Mother was very business-like, but my dad said, “No.”, He said “Just go ahead and "write out the check.” He had my mother write out the check. She didn’t want to.

Ms. Skidmore further testified that the $15,-000.00 check was in her mother’s handwriting, but that it was signed with her father’s stamp.2 On further examination, she testified that the register entry for the $15,000.00 check in the register for the account on which it was drawn was in her mother’s handwriting, whereas the register entry for the $2,000.00 check was in Sean Sleigh’s handwriting.3 She indicated that her mother was very impartial toward her grandchildren and that she was not aware of any partiality toward Sean. She further testified that her mother did not treat one grandchild differently from another. On the other hand, she indicated that her father had favorites. When asked whether Sean was his favorite, she replied, “I don’t think so. I mean, as far as who he seemed to be fondest of and made the biggest fuss over, no. He was very partial to the girls. He had good taste.”

' During the hearing, the registers for the two accounts on which the checks to Sean Sleigh were drawn were introduced into evidence. The first register contained the entry:

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Bluebook (online)
445 S.E.2d 509, 191 W. Va. 326, 1994 W. Va. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sleigh-v-sleigh-wva-1994.