Weiss v. Fenwick

The opinion of the court was delivered by

Campbell, Chancellor.

The purpose of this proceeding in the court below was to declare void, certain alleged gifts from William J. Newby to his two sisters, the appellants, and a decree that such moneys should be, by them, returned to the estate of their deceased brother.

The decree appealed from sets aside and annuls such gifts and directs the repayment thereof to the administrator, respondent.

It indisputedly appears that Newby, at the time of making the gifts, was suffering from cancer of the throat, which was incurable; that he knew he had such…