Herring v. Elliott

The appeal is to review a decree in equity upon final settlement of the e; .te of Edgar Lee Elliott, deceased. The inquiry of first importance is whether a deposit of $1,492.78 on savings account in Birmingham Trust & Savings Bank of Birmingham was a part of the estate of deceased, or was the property of Roberta King and Beatrice Herring, his daughters by a former marriage. These daughters claim this deposit by virtue of a gift causa mortis.

A gift causa mortis is one made in apprehension of tbe near approach of death, to be effective in case of death without revocation. There must be…