Sherley v. Sherley
Court of Appeals of Kentucky
Case 78 — PETITIONS EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT. CHANCERY DIVISION. 1. Lewis Sherley at his dea'th had never completed a gift to Bowen of any interest in the firm of Sherley, Woolfolk & Co. It is essential to the validity of a gift inter piros that there should be a delivery to the donee, and that the property or thing given should immediately pass and be irrevocable by the donor.
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Case 78 — PETITIONS EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT. CHANCERY DIVISION. 1. Lewis Sherley at his dea'th had never completed a gift to Bowen of any interest in the firm of Sherley, Woolfolk & Co. It is essential to the validity of a gift inter piros that there should be a delivery to the donee, and that the property or thing given should immediately pass and be irrevocable by the donor. (Duncan v. Duncan, 5 Litt., 12; Walden'v. Dixon, 5 Mon. 170; Knott v. Hogan, 4 Met., 102; Payne v. Powell, 5 Bush, 252.) 2. It is the duty of a court of equity to compel Z. M. Sherley’s estate to…
1Opinion of the Court
JUDGE GRACE
delivered tiie opinion of the court.
Z. M. Slierley, the father of Louis A. Sherley, who was the father'of appellants, Brannin C. Sherley and Bettie Sherley Ewing, on the 12th day of May, 1869, bought of Mrs. Sarah F. Wingate, a small tract of land of fourteen acres, lying some three miles from Louisville on the Shelbyville pike, *516and on which was a commodious brick dwelling house, at the price of ten thousand dollars, paying one-third of the price cash and executing his notes to her for the deferred payments, and taking a deed of conveyance, with general warranty of title to himself…
2Cases cited4 opinions
- Speers v. SewellCourt of Appeals of Kentucky · 1868
- Caldwell v. CaldwellCourt of Appeals of Kentucky · 1870
- Faris v. DunnCourt of Appeals of Kentucky · 1870
- Williams v. WilliamsCourt of Appeals of Kentucky · 1871
3Cited by11 opinions
- Becker v. NeurathCourt of Appeals of Kentucky · 1912
- Day v. AmburgeyCourt of Appeals of Kentucky · 1912
- Erdman v. KenneyCourt of Appeals of Kentucky · 1914
- Vizard Investment Co. v. YorkCourt of Appeals of Kentucky · 1916
- Doom v. BrownCourt of Appeals of Kentucky · 1916
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