McCord's Administrator v. McCord
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Noah M. Gtvan,, Judge. When any person in last sickness with a view to death, delivers any personal property to another, who accepts the same, with instructions that at or - after his death it shall be delivered to a third person, or be divided between third persons, in a specific proportion, it isa good gift mortis causa; and if the donor dies of that sickness without having revoked the gift, the donee is a trustee of the property…
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Appeal from Johnson Circuit Court. — Hon. Noah M. Gtvan,, Judge. When any person in last sickness with a view to death, delivers any personal property to another, who accepts the same, with instructions that at or - after his death it shall be delivered to a third person, or be divided between third persons, in a specific proportion, it isa good gift mortis causa; and if the donor dies of that sickness without having revoked the gift, the donee is a trustee of the property for the uses indicated by the donor. Clough v. Clough, 117 Mass. 83, 85 ; Pierce v. Boston B’k, 129 Mass. 425 ; s. c., 37…
1Opinion of the CourtHenry, J.
This is a suit by plaintiff, originally against Charles McCord, to recover the sum of $8,000, which, it is alleged, was the property of plaintiff’s intestate, and was wrongfully taken possession of by Charles McCord, and converted to his own use. After the death of the intestate, the money was equally divided by Charles McCord between himself and his co-defendants, who, on their motion, over plaintiff’s objection, were made parties defendant to the suit.' Charles McCord answers, in substance, that the intestate, his father, who was aged and infirm, and in daily apprehension of death, in his…
2Cases cited2 opinions
- Walter v. FordSupreme Court of Missouri · 1881
- Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
3Cited by30 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Thomas v. . HoustonSupreme Court of North Carolina · 1921
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