In re Estate of Webb
California Supreme Court
Appeal from the Probate Court, City and County of San Francisco. In December, 1869, M. S. Webb obtained from the North America Life Insurance Company an endowment life policy for $4,000, payable to himself in fifteen years, or to his personal representatives, upon his earlier death. May 12, 1870, he married, and died April 15, 1872, intestate. Deceased left, surviving him, his wife in San Francisco, and his father and three sisters residing fix Massachusetts.
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Appeal from the Probate Court, City and County of San Francisco. In December, 1869, M. S. Webb obtained from the North America Life Insurance Company an endowment life policy for $4,000, payable to himself in fifteen years, or to his personal representatives, upon his earlier death. May 12, 1870, he married, and died April 15, 1872, intestate. Deceased left, surviving him, his wife in San Francisco, and his father and three sisters residing fix Massachusetts. Edward G. Stetson was appointed administrator of the estate; and, on the 29th of August, 1873, as such administrator, presented a…
1Opinion of the Court
By the Court, Crockett, J.:
The claim of the father and sisters of the deceased to the fund in controversy can be sustained, if at all, on no -other ground than that, by the two letters of the deceased to his sisters, he created and declared a present trust, to the effect that he held the policy of insurance in trust for his father and sisters. The transaction cannot be upheld merely as a donation inter vivos. There was no assignment or delivery of the policy to the father and sisters, and treated simply as a donation, it would fail for that reason. But a person intending to make a donation to…
2Cases cited1 opinion
- Wason v. ColburnMassachusetts Supreme Judicial Court · 1868
3Cited by10 opinions
- Lefrooth v. PrenticeCalifornia Supreme Court · 1927
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Noble v. LearnedCalifornia Supreme Court · 1908
- Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
- Taber v. BaileyCalifornia Court of Appeal · 1913
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