Legal Opinion

Chestnutt v. . Durham

Supreme Court of North Carolina

Decided March 22, 1944PublishedCited by 2 opinions

1Opinion of the CourtBaRNHill, J.

A person may make a valid gift inter vivos with the right of enjoyment in the donee postponed until the death of the donor. Tbe rule governing sucb gifts is stated in American Jurisprudence as follows :

“It is, of course, competent for an owner of personal property to make, and be may make, a valid gift thereof, with tbe right of enjoyment in tbe donee postponed until tbe death of tbe donor, if tbe subject of tbe gift is delivered to a third person, with instructions to deliver it to tbe donee on tbe donor’s death, and if tbe donor parts with all control over it, reserves no right to recall…

2Cases cited5 opinions

  1. Hadley v. . TinninSupreme Court of North Carolina · 1915
  2. Peace v. . EdwardsSupreme Court of North Carolina · 1915
  3. Tomberlin v. . BachtelSupreme Court of North Carolina · 1937
  4. Handley v. . WarrenSupreme Court of North Carolina · 1923
  5. Parker v. . RicksSupreme Court of North Carolina · 1862

3Cited by2 opinions

  1. Watt v. CrewsSupreme Court of North Carolina · 1964
  2. Betts v. Southern RailwaySupreme Court of North Carolina · 1949

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