Whitney v. Wheeler
Massachusetts Supreme Judicial Court
Tort for the conversion of a United States bond, of the denomination of $500, alleged to belong to the estate of Jonathan Wheeler, the plaintiff’s testator. The answer was a general denial.
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Tort for the conversion of a United States bond, of the denomination of $500, alleged to belong to the estate of Jonathan Wheeler, the plaintiff’s testator. The answer was a general denial. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: The defendant contended and introduced evidence tending to show that she was the owner of the bond in question, and that it had been given to her by her husband, the said Jonathan, as a donatio causa mortis. The plaintiff requested the judge to rule that there could be no valid donatio causa mortis…
1Opinion of the CourtWells, J.
Before the recent statutes, securing to married women their separate rights of property, gifts causa mortis from a husband to bis wife were sustained. 2 Redf. Wills, c. 12, § 42, pl. 13. Lawson v. Lawson, 1 P. Wms. 441. Miller v. Miller, 3 P. Wms. 356. Walter v. Hodge, 2 Swanst. 92. The proviso that nothing in those statutes shall authorize the husband to convey or give property to his wife, Gen. Sts. c. 108, § 10, does not operate to render invalid what was before held to be valid.
Gifts mortis causa, like testamentary gifts, express the state of mind and disposition of the donor towards the…
2Cited by16 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Malone v. WalshMassachusetts Supreme Judicial Court · 1944
- Gordon v. MunnSupreme Court of Kansas · 1912
- Scott v. Berkshire County Savings BankMassachusetts Supreme Judicial Court · 1885
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