Daniel v. Smith
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought by the plaintiff Emma Daniel and her husband, claiming to be the donee under a gift causa mortis from one Abraham Fielding, to recover the property claimed to have been the subject of the gift, to wit, the sum of $532.99 deposited in the Hibernia Savings and Loan Society in the name of Fielding.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought by the plaintiff Emma Daniel and her husband, claiming to be the donee under a gift causa mortis from one Abraham Fielding, to recover the property claimed to have been the subject of the gift, to wit, the sum of $532.99 deposited in the Hibernia Savings and Loan Society in the name of Fielding. The facts on which the plaintiffs rely to show a gift causa mortis are stated in the opinion rendered on the prior appeal, reported in 64 Cal. 346, and…
1Opinion of the Court
Belcher, C. C.
This is the second appeal in this case, and it was taken from a judgment in favor of the defendants, and from an order denying a new trial. The first appeal was from a judgment in favor of the plaintiffs, and the decision thereon may be found reported in 64 Cal. 346.
On turning to the report referred to, it will be seen that the court, by Thornton, J., after carefully reviewing the testimony, summed up the law applicable to this class of cases as follows:—
“To constitute a donatio causa mortis, the gift must be made in contemplation of the near approach of death by the donor, to…
2Cases cited3 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Walter v. FordSupreme Court of Missouri · 1881
- Daniel v. SmithCalifornia Supreme Court · 1883
3Cited by7 opinions
- Estate of BairdCalifornia Supreme Court · 1924
- Hart v. KetchumCalifornia Supreme Court · 1898
- Varley v. SimsSupreme Court of Minnesota · 1907
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Szabo v. SpeckmanSupreme Court of Florida · 1917
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