Legal Opinion

Stephenson's adm'r v. King

Court of Appeals of Kentucky

Decided November 10, 1883PublishedCited by 27 opinions

Case 66 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. No brief. The delivery by Mrs. Stephenson to her mother of all the evidences of the choses in action in her possession was all she could make, and is fully sustained by the authorities as a donatio causa mortis. (5 Bush, 594; Merriwether v. Morrison, 78 Ky., 572; 11 R. I., 266; 31 Mar., 1S5 ; 63 Maine, 364; Williams’ Ex’r, 691; Camp’s Appeal, 36 Conn., 88; 40 lb., 512.

1Opinion of the Court

JUDGE PRYOR

belivereb the opjxion of tiie court.

The intestate, M. L. Stephenson, was twice married. Her first husband was C. C. Storms, by whom she had one child, John Storms. She obtained a divorce from Storms in the year 1873, the father retaining the custody of his child, and afterwards married Stephenson, who is now dead.

Mrs. Stephenson died in July, 1881, and her first husband, the appellant Storms, administered upon her estate, and this controversy is between him, as administrator, and the appellee, Mrs. Evans, the mother of Mrs. Stephenson, in reference to a mortgage note for $5,500,…

2Cited by27 opinions

  1. Devol v. DyeIndiana Supreme Court · 1890
  2. Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
  3. Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
  4. Scott v. Union & Planters' Bank & Trust Co.Tennessee Supreme Court · 1910
  5. Varley v. SimsSupreme Court of Minnesota · 1907

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