Minchin v. Merrill
New York Court of Chancery
Bill by the children of John Minchin deceased against the administrator of their father, to reach a certain sum of money which had come to his hands, upon the ground of its belonging to the complainants at the time of the father’s death and as forming no part of his personal estate. They claimed the money as a gift from their grandmother Anne Thayer, who was since dead, as being in their father’s hands in trust for them.
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Bill by the children of John Minchin deceased against the administrator of their father, to reach a certain sum of money which had come to his hands, upon the ground of its belonging to the complainants at the time of the father’s death and as forming no part of his personal estate. They claimed the money as a gift from their grandmother Anne Thayer, who was since dead, as being in their father’s hands in trust for them. Anne Thayer, whose administrator was likewise before the court as a party defendant, formerly resided in Boston and where she had owned a house and lot. In the year one…
1Opinion of the Court
The Vice-Chancellor:
The principal question is, whether there was an effectual gift of the money by the grandmother to the children and the father a trustee of the fund for their benefit ? For if so, then it would not pass to his personal representative as a part of his estate ; and there can be no difficulty in following it into the hands of the defendant.
There is no pretence here of a testamentary gift. Nor can the circumstances in this case amount to a donatio mortis causa. It is upon the ground of a gift inter vivos that the claim of the children is urged. In order to render this…
2Cited by7 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Marshall v. RussellTennessee Supreme Court · 1893
- Dulin v. CommissionerUnited States Board of Tax Appeals · 1932
- In re CooperNew York Surrogate's Court · 1894
- Kemper v. Kemper's adm'rCourt of Appeals of Kentucky · 1864
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