Newton v. Snyder
Supreme Court of Arkansas
APPEAL from Jeferson Circuit Court. Hon. J. A. Williams, Circuit Judge. The attempted disposition of his property by O. P. Snyder, was at best only testamentary, and possessed none of the elements of a gift causa mortis. If it was testamentary, it was of no validity. A gift causa mortis, to be effectual, must be consummated prior to the death of the donor, subject to be defeated by reclamation or recovery, but must be as effectual as a gift inter vivos.
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APPEAL from Jeferson Circuit Court. Hon. J. A. Williams, Circuit Judge. The attempted disposition of his property by O. P. Snyder, was at best only testamentary, and possessed none of the elements of a gift causa mortis. If it was testamentary, it was of no validity. A gift causa mortis, to be effectual, must be consummated prior to the death of the donor, subject to be defeated by reclamation or recovery, but must be as effectual as a gift inter vivos. That is, must be accompanied by delivery and change of dominion over the property granted. 18 Md., 559 ; 51 lb., 175; 116 Mass., 566 ; 71…
1Opinion of the CourtCockrill, C. J.
0. P. Snyder died intestate. His widow, the appellee, became administratrix of his estate, and filed an inventory thereof in the Probate Court. The heirs of Snyder and distributees of his estate filed exceptions to the inventory, and charged that it did not include all of the assets. The omission of the property named was admitted by the administratrix, and was claimed by her in her own right. The Probate Court sustained the exceptions, and on appeal to the Circuit Court this judgment was affirmed, excepting as to an item of $953.50 in currency, which the court found had been delivered to the…
2Cases cited2 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Coleman v. ParkerMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Szabo v. SpeckmanSupreme Court of Florida · 1917
- Baugh v. HowzeSupreme Court of Arkansas · 1947
- Ragan v. HillSupreme Court of Arkansas · 1904
- Leo N. Levi Memorial Hosp. Assoc. v. Caruth, Admin.Supreme Court of Arkansas · 1948
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