In re O'Connell
Appellate Division of the Supreme Court of the State of New York
Appeal by James Seymour from a decree of the Surrogate’s Court of the county of Cayuga, entered in said Surrogate’s Court on the 13th day of May, 1897, denying the appellant’s motion to surcharge the account and inventory of the respondents with the value .of a horse known as “ Ontario Chief.”
1Opinion of the Court
Follett, J.:
He who attempts to establish title to property through a gift inter vwos as. against the estate of a decedent takes upon himself a heavy burden which he must support by evidence of great probative force, .which clearly establishes every element of a valid gift, viz., that the decedent intended to divest himself of the title in favor of the donee and accompanied his intent by a delivery of the subject-matter of the gift.
It is conceded that in 1887 the decedent purchased a colt, then about six months old, of the Rev. James J. O’Connell, which was subsequently known as “ Ontario…
2Cited by16 opinions
- In re the Judicial Settlement of the Account of SchroederAppellate Division of the Supreme Court of the State of New York · 1906
- Christensen v. Ogden State BankUtah Supreme Court · 1930
- Stewart v. Tolar & DanielCourt of Appeals of Texas · 1923
- Humble v. GayCalifornia Supreme Court · 1914
- Cremer v. MayMissouri Court of Appeals · 1928
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