Tuttle v. Webb

Summary

The Supreme Court of Virginia held that a husband's check transferring jointly owned funds to his wife did not constitute written consent to or joinder in her subsequent gift of those funds, so the funds remained includable in her augmented estate. The Court also held that co-makers of a joint note are jointly and severally liable to the creditor but, as between themselves, are responsible for equal shares of the indebtedness. The judgment was reversed and the case remanded.

Holdings

1. Lloyd's execution and delivery of the check payable to Grace transferred the funds to Grace but did not remove the funds from or diminish the value of Grace's estate. It therefore did not constitute written consent or joinder to Grace's subsequent gift to Henry, and the $41,750 had to be included in Grace's augmented estate.
2. Lloyd was liable for only one-half of the total indebtedness evidenced by the $50,000 note and could not be charged with more than that amount merely because he withdrew $25,000 of the loan proceeds for his sole benefit.

Questions Presented

1. Whether Lloyd's execution of a $41,750 check payable to Grace constituted written consent or joinder to Grace's subsequent gift of the funds to Henry, thereby excluding the funds from Grace's augmented estate under Code § 64.1-16.1(B)(i).
2. Whether Lloyd, as a co-maker of the $50,000 note, could be charged with more than one-half of the joint indebtedness in determining his elective share.

Disposition

reversed_and_remanded