Merchant v. Merchant
New York Surrogate's Court
I. The Surrogate has no right hy the revised statutes to try this case, as it involves the trial of a disputed claim» (Magee vs. Vedder, 6 Bar., p. 352; Opinion of D. B. Ogden In the Matter of the Estate of John Kent, deceased, Dayton’s Surrogate, Appendix, p. vii.; 5th N. Y. Legal Observer,p. 124.) II. To constitute a valid donatio mortis causa there must be a transfer of the dominion over the subject of the gift.
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I. The Surrogate has no right hy the revised statutes to try this case, as it involves the trial of a disputed claim» (Magee vs. Vedder, 6 Bar., p. 352; Opinion of D. B. Ogden In the Matter of the Estate of John Kent, deceased, Dayton’s Surrogate, Appendix, p. vii.; 5th N. Y. Legal Observer,p. 124.) II. To constitute a valid donatio mortis causa there must be a transfer of the dominion over the subject of the gift. ( Wms. on Ex.,p. 654.) The dominion over the subject of the gift is acquired by donee immediately on the delivery and acceptance of the gift. (See Reddel vs. Dobree, 10 Simons, p.…
1Opinion of the Court
The Surrogate.
On the final accounting of the executor William H. Merchant, the legatees seek to charge him with three thousand dollars, the amount of three Erie Railroad income bonds, which they allege were the property of the deceased.
To prove this, the claimants produced the inventory; but, the entry thereon showing that the executor claimed the bonds as a gift from the testator, the proof was insufficient. Mr. Dodge then testified that the executor, after the testator’s death, called at his office and stated that he had taken the bonds in question out of the box containing the securities…
2Cited by9 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Doran v. DoranCalifornia Supreme Court · 1893
- In re the Judicial Settlement of the Account of MunsonNew York Surrogate's Court · 1911
- In re the Judicial Settlement of the Accounts of BrintnallNew York Surrogate's Court · 1903
- Stevens v. StevensNew York Surrogate's Court · 1876
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