Gale v. Drake
Supreme Court of New Hampshire
Assujipsit, by Franklin Gale against Almon F. Drake, Ex’r, to recover $347.52, wliicb the plaintiff claimed as legatee by the will of Israel N. Gale, the defendant’s testator. Said Israel N. Gale, by will dated December 11, 1868, made the following bequests: — “ Second : I give and bequeath unto my sister, Lucina Drake, wfife of Almon F. Drake, of Newton, all my personal property of whatever kind, except my notes, bonds, and accounts.
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Assujipsit, by Franklin Gale against Almon F. Drake, Ex’r, to recover $347.52, wliicb the plaintiff claimed as legatee by the will of Israel N. Gale, the defendant’s testator. Said Israel N. Gale, by will dated December 11, 1868, made the following bequests: — “ Second : I give and bequeath unto my sister, Lucina Drake, wfife of Almon F. Drake, of Newton, all my personal property of whatever kind, except my notes, bonds, and accounts. Third: I give and bequeath unto my brother, Franklin Gale, of Kingston, all my personal property, including notes and bonds, &c., that I have not hereto…
1Opinion of the CourtFoster, J.
The finding of the court that the deposit book and fund in the savings bank were the property of the deceased at the time of his death, so that their disposition must be governed by the construction of the will, was, in our opinion, a result fully-justified, if not demanded, by the evidence.
’Whether a delivery of the deposit book would be valid as a gift inter vivos, or donatio causa mortis, so as to convey an equitable title to the fund represented by it, which a court of law would recognize and enforce in the absence of any written assignment, order, or other form of transfer, is a question…
2Cases cited2 opinions
- Denny v. WickliffeCourt of Appeals of Kentucky · 1858
- Borneman v. SidlingerSupreme Judicial Court of Maine · 1841
3Cited by3 opinions
- Harnischfeger Sales Corp. v. Pickering Lumber Co.Court of Appeals for the Eighth Circuit · 1938
- Ordway v. DowSupreme Court of New Hampshire · 1874
- Richardson v. MartinSupreme Court of New Hampshire · 1874