Central Hanover Bank & Trust Co. v. Martin

The opinion of the court was delivered by

Heher, J.

We concur in the view of the Supreme Court that the decree of the Prerogative Court should be affirmed, generally for the reasons expressed in the opinion delivered by the late Vice-Ordinary Buchanan.

We deem it prudent to observe that the test of a gift m contemplation of death in the statutory sense is whether the determinative motive was “of the sort which leads to testamentary disposition.” It is requisite that the “thought of death” he the impelling cause of the transfer. If that be a controlling motive inducing the disposition of the…