Gannon v. Graham

(dissenting) — I regret my inability to concur in the opinion of the majority in this case. Many of the cases cited by the majority sustain the conclusion expressed in this dissent. A restatement of some of the matters covered by the opinion will not, however, be out of place.

It has been held in a few jurisdictions that the assignment of an expectancy or mere possibility of an interest in the estate of the ancestor by an heir is void if made without the knowledge or consent of such ancestor. Stevens v. Stevens, 181 Mich. 449 (148 N. W. 229); McClure v. Raben, 125 Ind. 139 (25 N. E. 179);…