Richardson v. Smart

This suit is by the administrator of Thomas Gotham to set aside a gift of three shares of *15stock in the Mechanics’ Planing Mill, of the par value of $500 each, made by his intestate to the defendant, on the fourth day of August, 1894. The equity alleged in the petition is that the gift was without any consideration, and made when the donor was “in a sick and dying condition and unconscious of his own acts, and incapable of performing any contract or business transaction.” The answer was a general denial. There was a decree for plaintiff, and defendant appealed.

As the gift in question was…