Bradley v. Hunt
Court of Appeals of Maryland
Appeal from the Court of Chancery. The appellants, John Bradley and Jane his wife, (formerly Jane Jack,) filed the present bill against the appellee, Jesse Hunt, administrator of William Jack, on the 20th of April, 1831. The bill alleged, that William Jack, the former husband of the complainant, Jane, being the owner, and possessor of a certificate or obligation, of the Maryland Savings Institution, for a considerable sum of money, in September, 1829, and when the said Jack…
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Appeal from the Court of Chancery. The appellants, John Bradley and Jane his wife, (formerly Jane Jack,) filed the present bill against the appellee, Jesse Hunt, administrator of William Jack, on the 20th of April, 1831. The bill alleged, that William Jack, the former husband of the complainant, Jane, being the owner, and possessor of a certificate or obligation, of the Maryland Savings Institution, for a considerable sum of money, in September, 1829, and when the said Jack was lying dangerously ill, and expecting to die, gave the same to the said Jane, by an actual delivery thereof, in the…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
We are relieved from an examination of the question of fact, whether there was or not, a sufficient delivery by William. Jack, the deceased, to the wife of the complainant, John Bradley, of the instrument of writing which forms the subject of the bill, that question being waived by the counsel on the part of the appellee; and the only inquiry to which our attention is directed, is, whether a promissory note to the payee or order, is the subject of a donatio mortis causa, by the payee. It is a settled rule by law, that such-a gift cannot be…
2Cited by3 opinions
- Huston v. DittoCourt of Appeals of Maryland · 1863
- Malloy v. SmithCourt of Appeals of Maryland · 1972
- Hitch v. DavisHigh Court of Chancery of Maryland · 1851