Tuttle v. Webb
Annotate this CaseLloyd Tuttle Jr. appealed the circuit court's judgment holding that execution of a check payable to his wife, Grace Tuttle, excluded the funds from Grace's augmented estate and that therefore Lloyd's written consent or joinder was not required when Grace, before her death, gifted the funds to her son. Lloyd also appealed the circuit court's judgment holding him liable for more than one-half of an indebtedness evidenced by a note executed by him and Grace as co-makers. The Supreme Court reversed, holding (1) Lloyd's check to Grace did not exclude those funds from Grace's augmented estate, and therefore, the circuit court erred by failing to include the funds in Grace's augmented estate; and (2) the circuit court erred by requiring Lloyd to pay more than one-half of the total joint indebtedness, as Lloyd was liable for only one-half of the indebtedness.
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