Dickinson v. Colonial Trust Co.

In the conclusion formed by this court as to the right to recover in the present action against the defendant the sum of $1,973.73 and interest, I have deemed it unwise to state . my opinion as to the validity of the gift, in view of death, by John Kealey to the plaintiff, as it is unnecessary to do so, and might embarrass one of the parties in any future litigation proceeding1 in another forum.

The original owner of the fund in controversy was Rose Kealey, deceased, the mother of the alleged donee, John Kealey, now deceased. Rose Kealey died May 1, 1899, in the city of New York, leaving, so…