Appeal of Walsh
Supreme Court of Pennsylvania
FROM THE DEGREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 100 January Term 1888, Sup. Ct.; court below, No. 110 January Term 1887, O. C. On J une 26, 1886, Margaret Tyrrell died intestate, unmarried and without issue. Her sole next of kin were a sister, Catharine Tyrrell and a nephew and a niece, Nellie J. and John T. Walsh, children of a deceased sister. Letters of administration were granted to the niece, Nellie J. Walsh.
Read the full summary
FROM THE DEGREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 100 January Term 1888, Sup. Ct.; court below, No. 110 January Term 1887, O. C. On J une 26, 1886, Margaret Tyrrell died intestate, unmarried and without issue. Her sole next of kin were a sister, Catharine Tyrrell and a nephew and a niece, Nellie J. and John T. Walsh, children of a deceased sister. Letters of administration were granted to the niece, Nellie J. Walsh. Catharine Tyrrell, the sister, lived in Ireland. On March 15, 1887, the account of Nellie J. Walsh, the administratrix, called for audit before Ashman, J., showed…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
A gift is more than a purpose to give, however clear and well settled the purpose may be. It is a purpose executed. *187It may be defined as the voluntary transfer of a chattel completed by the delivery of possession. It is the fact of delivery that converts the unexecuted and revocable purpose into an executed and therefore irrevocable contract. All gifts are necessarily inter vivos, for a living donor and donee are indispensable to a valid donation; but when the gift is prompted by the belief of the donor that his death is impending, and is made as a provision for…
2Cases cited8 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Appeal of FrossSupreme Court of Pennsylvania · 1884
- Craig v. TuckerSupreme Court of Pennsylvania · 1811
- Bond v. BuntingSupreme Court of Pennsylvania · 1875
- Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Lochinger v. HanlonSupreme Court of Pennsylvania · 1943
- Kaufmann's EstateSupreme Court of Pennsylvania · 1924
- Riley v. WirthSupreme Court of Pennsylvania · 1933
- Flanagan v. NashSupreme Court of Pennsylvania · 1898
- Chadrow v. KellmanSupreme Court of Pennsylvania · 1954
59 more not listed; retrieve them via the Exa API.