Legal Opinion

Sharpe v. Sharpe

Supreme Court of South Carolina

Decided September 30, 1916No. 9524PublishedCited by 8 opinions

Before Prince, J., Orangeburg, October, 1915. Action by Ellen D. Sharpe, individually and as administratrix of the estate of Jefferson D. Sharpe, deceased, against J. Benjamin Sharpe. Judgment for defendant, and plaintiff appeals. The following is the testimony in the record referred to in the opinion, showing the circumstances and what was said and done in reference to the attempted gift of the $1,500 :• Q. Did he say anything about some money he had in bank? A. Yes, sir.

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Before Prince, J., Orangeburg, October, 1915. Action by Ellen D. Sharpe, individually and as administratrix of the estate of Jefferson D. Sharpe, deceased, against J. Benjamin Sharpe. Judgment for defendant, and plaintiff appeals. The following is the testimony in the record referred to in the opinion, showing the circumstances and what was said and done in reference to the attempted gift of the $1,500 :• Q. Did he say anything about some money he had in bank? A. Yes, sir. Q. What did Mr. Sharpe say to you, if anything, in relation to the money in bank? A. He told me he had $1,500 in the bank…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justic® Gag®.

The plaintiff is widow of Jefferson Sharpe, and the defendant is his son by a former marriage. These two are at outs about $1,500 in money which had belonged to Jefferson, and which he had in a bank. The plaintiff, in an action to marshal the assets of Jefferson’s estate, made claim for that $1,500, which she alleged her husband had given her on the eve of his death, donatio causa mortis.. The defendant disputes the gift. The master sustained the gift; the Circuit Court concluded against the gift. And that is the issue.

1 There is no…

2Cases cited2 opinions

  1. Varley v. SimsSupreme Court of Minnesota · 1907
  2. Trenholm v. MorganSupreme Court of South Carolina · 1888

3Cited by8 opinions

  1. Warner, Etc., Admrs. v. Keiser, Etc., Exrs.Indiana Court of Appeals · 1931
  2. Meyerson v. MalinowSupreme Court of South Carolina · 1957
  3. McGrady v. Munsey Trust Co.District of Columbia Court of Appeals · 1943
  4. Coffin v. HydeIdaho Supreme Court · 1922
  5. State v. BibbsSupreme Court of South Carolina · 1939

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