Gilkinson v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James S. Duffy, as executor, etc., of Thomas F. Ward, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of 3STew York on the 12th day of October, 1899, upon the report of a referee. This appeal was transferred from the first department to the second department.
1Opinion of the Court
All concurred.
The following is the opinion of the referee:
Roger A. Pryor, Referee :
The action involves- the validity of an alleged gift inter vivos of corporate stock by the decedent to the plaintiff.
The essential conditions of such a gift are: An intention to give and a delivery of the subject with a renunciation by the donor of dominion and control over it. (Beaver v. Beaver, 117 N. Y. 121.)
The defendant, executor, challenges the sufficiency of the evidence to establish a gift, and his contention proceeds upon the rigor of the rule applicable to proof of a donatio causa mortis. But the rule…
2Cases cited19 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Harris v. . ClarkNew York Court of Appeals · 1849
- Grey v. . GreyNew York Court of Appeals · 1872
- Westerlo v. . De WittNew York Court of Appeals · 1867
14 more not listed; retrieve them via the Exa API.