Hecht v. Shaffer
Wyoming Supreme Court
ERROR to' the District Court, Laramie County, Hon. Richard H. Scott, Judge. The material facts are stated in the opinion.
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ERROR to' the District Court, Laramie County, Hon. Richard H. Scott, Judge. The material facts are stated in the opinion. Under the last paragraph of Section 3683, Revised Statutes, exempting from the operation of the section prohibiting parties from testifying against executors, etc., actions involving the validity of a deed, will or codicil, and providing when a case is clearly within the reason and spirit of the act, though not within the letter, their principles shall apply, the donee of a gift causa mortis is a competent witness to prove the gift as against the executor of the decedent.…
1Opinion of the Court
Beard, Justice.
The plaintiff in error, Eredericke Hecht, brought suit in the District Court of Earamie County against one of the defendants in error, Annie M. Shaffer, on a promissory note payable to the order of one Julia E. Schweickert. She alleged in her petition that Mrs. Schweickert, the payee of the note, had transferred and delivered the note to her as a gift and that she thereby became the owner thereof. The defendant Shaffer answered denying that the plaintiff was the owner of the note and alleging that it was the property of the estate of Julia E. Schweickert, deceased, and tendered…
2Cases cited5 opinions
- Leyson v. DavisMontana Supreme Court · 1895
- Malady v. McEnaryIndiana Supreme Court · 1868
- Hudson v. HouserIndiana Supreme Court · 1890
- Buecker v. CarrNew Jersey Court of Chancery · 1900
- Podmore v. Dime Savings BankNew York Supreme Court · 1899
3Cited by11 opinions
- Knowles v. SlocumWashington Supreme Court · 1915
- Fouts v. NanceSupreme Court of Oklahoma · 1916
- MacKenzie v. SteevesWashington Supreme Court · 1917
- Begovich v. KruljacWyoming Supreme Court · 1928
- Dingley v. RobinsonWashington Supreme Court · 1928
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