Chaney v. Basket
U.S. Circuit Court for the District of Indiana
Bill by the administrator of one Chaney, deceased, to obtain a certain certificate of indebtedness for $23,514.70. Tne defendant, Basket, claims that sixty days before his death, Chaney, in full possession of all his mental faculties, but in apprehension of death from a disorder with which he was then suffering, with his own hand wrote and signed the following certificate, to wit: “Pay to Martin Basket, of Henderson, Ky., and no one else, then, not till my death.
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Bill by the administrator of one Chaney, deceased, to obtain a certain certificate of indebtedness for $23,514.70. Tne defendant, Basket, claims that sixty days before his death, Chaney, in full possession of all his mental faculties, but in apprehension of death from a disorder with which he was then suffering, with his own hand wrote and signed the following certificate, to wit: “Pay to Martin Basket, of Henderson, Ky., and no one else, then, not till my death. My life seems to be uncertain; I may live through this spell, then I will attend to it myself. (Signed.) H. M. Chaney.” And…
1Opinion of the CourtGresham, District Judge
(alt. r sta ingthe facts). Gifts causa mortis must be of personal property or choses in action actually delivered by the donor to the donee, in apprehension of approaching death from an existing disorder or other impending peril, and death must ensue from such existing disorder or other impending peril without any complete intermission. But without further effort to define such gifts, it is sufficient to say that they are not good and are never upheld without certain essential requisites, one of which is delivery, actual or constructive, to the donee, or some one in trust for him, of the *461subje…
2Cases cited2 opinions
- Meach v. MeachSupreme Court of Vermont · 1852
- Hanson v. MillettSupreme Judicial Court of Maine · 1867