Walter v. Ford
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. H. S. Kelley, Judge. There is no distinction between a donation causa mortis and any other parol gift in respect to the necessity of actual delivery. Harris v. Clark, 8 N. Y. 93, 113, 106; Champney v. Blanchard, 39 N. Y. 116. The transaction in the present case was an executory gift to take effect upon the death of the donor, and, as such, was void, because not authorized by statute. 2 Wag.
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Appeal from Andrew Circuit Court. — Hon. H. S. Kelley, Judge. There is no distinction between a donation causa mortis and any other parol gift in respect to the necessity of actual delivery. Harris v. Clark, 8 N. Y. 93, 113, 106; Champney v. Blanchard, 39 N. Y. 116. The transaction in the present case was an executory gift to take effect upon the death of the donor, and, as such, was void, because not authorized by statute. 2 Wag. Stat., p. 1367, § 21. The probate court had jurisdiction. Sess. Acts 1866, p. 84, §§ 1, 6; Sess. Acts 1870, pp. 224, 225; Ensworth v. Curd, 68 Mo. 282; Pearce v.…
1Opinion of the CourtHenry, J.
This was a proceeding in the probate court of Andrew county by plaintiffs, who are heirs at law of David Walter, to compel the administrator to inventory $4,000 as assets of said estate. The following are the facts upon which they rely: On the 12th day of May, 1873, the deceased, David Walter, requested Eord to fill up four checks on the State National Bank for $1,000 each, payable, one to Catharine M. Sigrist, one to Durham, one to Louisa Gicke, and the other to Ed. Walter. These checks were then signed by Walter, and delivered to Eord, with directions to him to deliver them to the parties…
2Cases cited2 opinions
- Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
- Caldwell v. HawkinsSupreme Court of Missouri · 1881
3Cited by24 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Hillman v. YoungOregon Supreme Court · 1912
- Barnum v. ReedIllinois Supreme Court · 1891
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
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