Kirk v. McCusker
New York Court of Common Pleas
Appeal from Equity Term. Action by Thomas Kirk and another, administrators of Margaret Kirk, deceased, against Bridget McCusker, to recover certain assets alleged to belong to the estate of deceased. There was judgment for defendant, and plaintiffs appeal.
1Opinion of the CourtPryor, J.
“Sound policy requires that the law regulating
gifts causa mortis should not be extended, and that the range of such gifts should not be enlarged.” Earl, J., in Ridden v. Thrall, 125 N. Y. 572, 581, 26 N. E. Rep. 627. A gift imports, ex vi termini, a present transfer of the property, and an executory gift is a legal absurdity. 2 Kent, Comm. 438. Hence an intention to give, no matter how absolute and explicit, is merely nugatory; but, to a valid and effectual gift, delivery of the thing given, with the purpose and effect of passing the property as well as the possession, is an indispensable…
2Cases cited12 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Harris v. . ClarkNew York Court of Appeals · 1849
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Estate of ReardonNew York Surrogate's Court · 1940