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verdicttestimonyburden of proof
trialtrustcorporation

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Titusville Trust Co. v. Johnson, 375 Pa. 493, 100 A.2d 93

Facts

C. P. Collins, a junk dealer, died intestate and without issue, leaving behind stock certificates valued at approximately $25,000. Two days before his death, Collins, who was critically ill, handed a manila envelope containing the stock certificates to his housekeeper, Edith Johnson, stating, 'If anything happens to me, these stocks are yours.' After his death, the administrator of Collins' estate sought to recover the certificates from Johnson, leading to this legal dispute.

An action of replevin without bond was instituted by the Titusville Trust Company, administrator d. b. n. of the estate of C. P. Collins, against Edith Johnson and her son, Cecil Johnson, to recover certain stock certificates of various corporations of the approximate value of $25,000, which were registered in the name of the decedent at the time of his death.

Issue

Was the evidence sufficient to prove a gift mortis causa?

A narrow question is involved-was the evidence sufficient to prove a gift mortis causa?

Rule

A gift causa mortis is valid if the donor believes he is about to die and the gift is executed by delivery of possession. The burden of proof lies with the claimant to establish the gift by clear and convincing evidence.

A gift causa mortis differs from other gifts only in that it is made when the donor believes he is about to die, and is revocable should he survive.

Analysis

The court analyzed the circumstances surrounding Collins' statement and the delivery of the stock certificates to determine if a gift mortis causa was established. The jury was tasked with interpreting Collins' intent and whether he believed he was about to die. The court found that the evidence presented, including the testimony of witnesses, supported the conclusion that Collins intended to make a gift to Johnson in the event of his death.

We have no doubt that the Court in the first instance, and the jury ultimately, could properly infer from the facts and circumstances of his case that Collins believed he was about to die when he gave Mrs. Johnson the stock certificates and said, ‘If anything happens to me, these stocks are yours.’

Conclusion

The court affirmed the jury's verdict in favor of Edith Johnson, concluding that the evidence was sufficient to establish the elements of a gift mortis causa.

Judgment affirmed.

Who won?

Edith Johnson prevailed in the case because the jury found her testimony credible and sufficient to establish the gift mortis causa.

The trial Judge who saw and heard the witnesses and who knew the quality and quantity of proof required to establish a gift mortis causa, felt that it was highly probable that Collins wanted Mrs. Johnson to have this property in the event of his death.

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