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FORD v. STINSON2/23/1996
In August 1994 AmSouth Bank of Alabama (AmSouth) filed a complaint, seeking a declaratory judgment and interpleader and injunctive relief. The complaint also named Jesse F. Ford, Sr., and Jean S. Stinson as defendants. The essence of the complaint was that both Ford and Stinson claimed an interest in $100,000.
The trial court entered a temporary restraining order against Ford and Stinson. Subsequently, AmSouth deposited the $100,000 with the court and the court dismissed AmSouth as a party in this matter.
Stinson filed a cross-claim against Ford, seeking exclusive ownership of the $100,000. Ford answered Stinson's cross-claim and filed a cross-claim against Stinson, seeking exclusive ownership of the $100,000. Stinson answered Ford's cross-claim.
After a non-jury trial, the parties filed post-trial briefs. The trial court issued an order, finding in favor of Stinson.
Ford appeals. This case is before this court pursuant to Ala. Code 1975, ยง 12-2-7(6).
On appeal, Ford contends that the trial court committed reversible error when it determined that Stinson had met her burden of proof by establishing all of the requisite requirements for an effective inter vivos gift, and when it determined that there was insufficient evidence to show that the gift to Stinson was the result of undue influence.
As the trial court noted in its order, Stinson had the burden of proving by clear and convincing evidence that Ford gave the $100,000 certificate of deposit to her as an inter vivos gift. Dial v. Dial, 603 So.2d 1020 (Ala. 1992). In order to meet this burden, Stinson must prove the following: (1) donative intent on the part of Ford, (2) effective delivery to Stinson, the donee, and (3) acceptance by Stinson. Dial, 603 So.2d 1020.
Our review of the record reveals the following pertinent facts: Ford is Stinson's father. In 1985 Ford's only son died in an automobile accident. Ford's wife had died only a few weeks before the son's death, and Ford began to "drink" heavily after these losses.
Stinson attempted to care for Ford during this period by cooking and cleaning for him, and periodically, she would bring him to her home to care for him.
In 1988 Ford received the proceeds from a settlement of the wrongful death action filed after his son's death. The net proceeds from the wrongful death action were $280,000.
Stinson testified that Ford said that he wanted to give her $100,000 as a gift and that he wanted to know if she wanted it placed in a savings account as he had done for her sister Marlene. Stinson indicated that she wanted the money placed in a certificate of deposit.
On June 23, 1988, Ford and Stinson went to the bank to sign the documents for the certificate of deposit. Stinson testified that Ford had already made all the arrangements for the certificate of deposit before they went to the bank to sign the documents.
The certificate of deposit was listed in the names of "Jean Sharon Stinson or Jesse L. Ford, Sr." The mailing address on the account was Stinson's address, and she received all but one of the monthly interest checks from June 1988 through August 1994. Stinson's Social Security number was listed on the account, and she paid the taxes on the interest income. The certificate of deposit was renewed in June 1992, with everything remaining the same.
Stinson testified that Ford repeatedly told her that the $100,000 was hers to do with as she wanted. Ford testified that he never told Stinson that the $100,000 was hers and that he never intended to make a gift of the $100,000. However, we would note that Ford admitted that he placed money for
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