Jones v. Crisp

Briscoe, J., delivered the opinion of the Court. ³¹ This is a bill of interpleader, tiled on the 22nd of March, 1905, in the Circuit Court Eo. 2 of Baltimore City by the plaintiff against the defendants, for the purpose of establishing the ownership or title to a certain deposit of twenty-five hundred dollars deposited in the savings department of the Canton Eational Bank of Baltimore County. The plaintiff bank disclaimed any claim or interest in the •deposit, and on the 21st of June, 1905, under and by virtue of a decree of interpleader the bank paid the sum of $2,435.45 into Court, to the credit of the cause, to await the inquiry as to who is entitled to the fund. The fund was claimed, first, by the plaintiff, now deceased, under the terms of the entry in the bank book of deposit, to wit, “Frederica Crisp, in case of death, payable to Evan ■Jones;” secondly, by the defendant, Virginia Lee Benton, under and by virtue of the provisions of the last will and testament of one Joseph Crisp, deceased; thirdly, by the administrators d. b. n. c. t. a. of Joseph Crisp, deceased, as the property of his estate, and, lastly, by the administrators of Frederica Crisp, as the property of the deceased intestate. The case was heard upon bill, answers and proof, and the ■decree of the Court, passed on the 31st day of March, 1908, directed the fund to be paid to the administrators of the estate of Frederica Crisp as part of her estate.

The defendant, Evan Jones, having departed this life on the 5th day of May, 1908, after the date of the decree, his .administrator, Wm, D. Jones, was subsequently made a party plaintiff, and from the decree passed on the 31st of March, 1908, he has appealed. It will be noticed that no appeal has been taken from this •decree by either Mrs. Virginia Lee Benton or the administrators of Joseph Crisp, and for the purposes of this appeal the deposit will be treated as the property of Mrs. Crisp at the date of the deposit by her. The learned Judge who decided the case below stated in his opinion that as to the claim of Virginia Lee Benton, “I do not think the evidence establishes the fact that the fund in question is part of the estate ³² of Joseph Crisp, and so impressed with a trust, as to justify me in intercepting it before it passes into the estate of Frederica Crisp. I leave any claim Virginia Lee Benton may have against Frederica Crisp personally, or as administratrix of Joseph Crisp, to be asserted against the estate of Frederica Crisp.” Coming then to the real question presented on the appeal, and that is, did the entry in the bank book of the Savings Department of the Canton National Bank of Baltimore County, “Frederica Crisp in case of death subject to the order of Evan Jones,” constitute a valid gift of the fund in controversy to Evan Jones under the laws of this State?

The record in the case is quite a voluminous one, but as a lai’ge portion of the testimony has no bearing upon the question we are called upon to decide it will not be necessary for us to consider it on this appeal. The essential facts are set out in the pleadings and proof, and briefly stated appear to be these: Frederica Crisp, widow, late of Baltimore City, deceased, departed this life on the 20th day of February, 1905, intestate, and without children. On the 15th of August, 1904, she opened an account with the Canton National Bank of Baltimore County, and deposited therein the sum of $2,500, the fund in question. The account was opened by the receiving teller of the bank, by her direction, and the following entry made on a book of deposit of the savings department of the bank: “Frederica Crisp, in case of death payable to Evan Jones.” This entry is in the handwriting of the teller of the bank, and the deposit book beai'ing the number of the account (No. 1502) was delivered to her.

The teller (Mr. Bramble) testified that Mrs. Crisp was introduced to him by Mr. Evan Jones, who came to the bank with her, but was not present when the conversation took place between them at the time of the deposit. ILe further stated, “Well, she came in and asked to open this account, with $2,500, and as is the custom in a case of that kind I asked how she wanted the book opened, and she‘said I want this opened in my name and in ³³ event of death to be payable to Mr. Jones. I opened it in that manner and the transaction was closed as far as we were concerned. I carried ont her instructions to the letter.” There was testimony to the effect that Mrs. Crisp retained possession of the hook of deposit until some time in October, 1904, about four months before she died, when she gave it to the plaintiff’s intestate, and that the book was in his possession at the time of her death.

There was also testimony as to certain declarations of Mrs. Crisp, made to members of the plaintiff’s family, subsequent to the deposit, and in the presence of the plaintiff, to the