Robertson v. Robertson
Supreme Court of Alabama
Appeal from Fayette Chancery Court. Heard before Hon. John C. Carmioi-iael. This was a bill by Lou Robertson, as the administratrix of the estate of Walter S. Robertson, deceased, alleging that she was the wife of said Robertson, and that during his lifetime he was the owner of six Alabama bonds in the sum of $1,000 each; alleging, further, that F. M. Robertson was in the possession of these bonds, and on demand had refused to deliver same to her, as the administratrix, or…
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Appeal from Fayette Chancery Court. Heard before Hon. John C. Carmioi-iael. This was a bill by Lou Robertson, as the administratrix of the estate of Walter S. Robertson, deceased, alleging that she was the wife of said Robertson, and that during his lifetime he was the owner of six Alabama bonds in the sum of $1,000 each; alleging, further, that F. M. Robertson was in the possession of these bonds, and on demand had refused to deliver same to her, as the administratrix, or as the wife of said decedent, but claimed to hold them under an instrument creating him trustee for certain persons named…
1Opinion of the CourtAnderson, J.
“A gift of personal property, made with intent that it shall take effect immediately and irrevocably, and fully executed by complete and unconditional delivery, is good and valid as a gift inter vivos, although at the time the donor is in extremis, and dies soon after. Moreover, a gift made in anticipation of death, but not conditioned upon that event, is a gift inter vicos, and not a gift causa mortis,v — 14 Am. & Eng. Ency. Law, 1014; Dresser v. Dresser, 46 Me. 48; Gilligan v. Lord, 51 Conn. 563; Adair v. Craig, 135 Ala. 332, 33 South. 902; Whitten v. McFall., 122 Ala. 619, 26 South. 131;…
2Cases cited10 opinions
- Abney v. MooreSupreme Court of Alabama · 1894
- Dunnock v. DunnockHigh Court of Chancery of Maryland · 1852
- Stewart v. StewartSupreme Court of Connecticut · 1824
- Trawick v. DavisSupreme Court of Alabama · 1888
- Small v. SmallSupreme Court of Kansas · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
- York v. TriggSupreme Court of Oklahoma · 1922
- Benton v. Albuquerque National BankNew Mexico Court of Appeals · 1985
- Smith v. EshelmanSupreme Court of Alabama · 1938
- Gould v. Van HorneCalifornia Court of Appeal · 1919
10 more not listed; retrieve them via the Exa API.