Wilson's Administrator v. Nolen

Opinion of the Court by

Turner, Commissioner

Reversing.

On the 17th day of January, 1920, R. D. Wilson executed his note payable to appellee one day thereafter for $5,000.00 in consideration of their mutual promises to each other, then and theretofore made, to marry.

He retained the actual custody of the instrument, and it'remained in his safety deposit box at the bank at all times between that and his death in March, 1920; but the findings of fact hereinafter referred to show there was in truth a constructive delivery of the same to appellee. ■ In March, 1920, R. D. Wilson died intestate,…