Curry v. . Powers
New York Court of Appeals
Appeals from judgments - of the General Term of the Supreme Court in the fourth judicial department affirming jndgments in favor of defendant, entered upon the reports of a referee. These were references under the statute, of claims presented by the. plaintiffs respectively 'against defendant as executor of the estate of Robert J. Curry, father of plaintiffs. The facts and questions presented were alike in both cases and are sufficiently set forth in the opinion.
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Appeals from judgments - of the General Term of the Supreme Court in the fourth judicial department affirming jndgments in favor of defendant, entered upon the reports of a referee. These were references under the statute, of claims presented by the. plaintiffs respectively 'against defendant as executor of the estate of Robert J. Curry, father of plaintiffs. The facts and questions presented were alike in both cases and are sufficiently set forth in the opinion. The title to the subject of the gift passed by the transaction itself to the donees and plaintiffs were entitled to recover.…
1Opinion of the CourtMiller, J.
The decedent, under whom the appellants claim, no doubt intended to make a gift to each of his sons of six thousand dollars. He had long previously expressed such an intention, and proceeded to carry it into execution, by delivering to each of them a check for the sum of six thousand dollars, and a pass-book on the several savings banks where the decedent had money deposited for a larger amount than the several checks. Each of the checks were payable four days after his death, and had a memorandum at the top to the effect that, “ The pass-book must be presented with this check.” When the…
2Cases cited5 opinions
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
- Cox v. HillCourt of Appeals of Maryland · 1854
- Irish v. NuttingNew York Supreme Court · 1867
- Lunt v. Bank of North AmericaNew York Supreme Court · 1867
- Lewis & Pelton v. BerryNew York Supreme Court · 1873
3Cited by43 opinions
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Union Trust Co. v. HawkinsOhio Supreme Court · 1928
- Schollmier v. SchoendelenSupreme Court of Iowa · 1889
- Wetherow v. LordAppellate Division of the Supreme Court of the State of New York · 1899
- Daniel v. SmithCalifornia Supreme Court · 1883
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