Costell v. First Nat. Bank Of Mobile

150 So.2d 683 (1963)

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Nature of the Case

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Facts

Cox distrusted banks and had hidden in her home at the time of her death a large amount of currency, some or all of which was stolen by Irene Hurley, a stenographer for the attorney representing the special administrator. Hurley passed some of the money to her uncle, W. C. Lantron, who lived in Texas. Lantron used the money in buying two parcels of land in Mobile in April 1935, seven months after the death of Cox. All of the evidence that Hurley stole the money was circumstantial, but it was nevertheless cogent. Cox was known by her relatives to have gold, bonds, and currency in large denominations hidden somewhere. Cox died at her home, and the only person with her was Steele, the widow of a nephew of Cox. Steele had handled the checks and bond coupons for Cox for about ten years, cashing them at the bank and giving the cash to Cox. When Cox died, Steele took the $86,000 in bonds from a hidden drawer and put them in her own bank. A special administrator ordered a search of the house and guards were posted over the weekend as well. The parties entered on Monday and found $11,800 in gold coins in the bottom of a wood box by the fireplace. They did not find the bonds (Steele had them), and they did not find the black bag with all the cash. Hurley asked if her husband would be permitted to come in and see the pile of gold coins. He was permitted to come to the door of the room and look in. Hurley handed him a rolled up apron that she had been wearing that day. He took the apron and left. Hurley also brought and carried away a briefcase with her employer's name on it. Overnight, Hurley seemed to be much more prosperous. Before that time, she was poor and lived on the edge. She began to flash diamond rings, wear expensive clothes and they had three automobiles. Even after her divorce from her husband she continued to live well. Hurley had been spending a considerable amount of money in the seven months following Cox's death claiming a rich Texas uncle has supplied the funds. W. C. Lantron, the rich Texas uncle, looked like a tramp, working occasionally for fifty or seventy-five cents a day and his wife 'had been on relief.' Hurley gave the money to Lantron to purchase Hurley’s new home. Lantron’ son also testified he had stolen cash from Hurley, which was subsequently used to buy a car. He was young, without a job and the police questioned him, and he admitted the source of funds. Eventually, everyone took the Fifth Amendment.