Neufville v. Thomson
New York Court of Chancery
Bill, claiming a service of plate as a gift inter vivos. The complainant appeared as the administratrix of the estate of Eliza Thomson, and the said Eliza Thomson having been the widow of James Thomson deceased.
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Bill, claiming a service of plate as a gift inter vivos. The complainant appeared as the administratrix of the estate of Eliza Thomson, and the said Eliza Thomson having been the widow of James Thomson deceased. The bill showed that Skeffington Selby, of New-York, sailed for England sometime between the years one thousand eight hundred and one thousand eight hundred and six, but at what particular time the complainant was unable to state; that James Thomson gave him an order to purchase some articles of silver plate, to the amount of two thousand dollars, which was intended as a present for…
1Opinion of the Court
The Vice-Chancellor :
At common law, there cannot be a gift of chattels inter vivos, from the husband to the wife during coverture ; for, being but one person in law, she cannot take independently of him; and though there might be a declared gift and delivery to the wife, yet the title would remain in the husband, and, at his death, pass to his representatives, except it should be paraphernalia and personal ornaments, suitable to the wife’s condition, which the law, as against his representatives, would allow her to retain.
In equity, gifts to the separate use of a married woman, as well those…
2Cited by17 opinions
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- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Sims v. RicketsIndiana Supreme Court · 1871
- Putnam v. BicknellWisconsin Supreme Court · 1864
- Pinkston v. McLemoreSupreme Court of Alabama · 1857
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