Wetherow v. Lord
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John B. Lord, as committee of Mary Dwyer, an incompetent person, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of February, 1899, upon the verdict of a jury, and also from orders entered in said clerk’s office respectively on the 4th and 7th days of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The question presented in this case is more or less familiar, relating to what is essential in order to constitute a valid gift, either i/nter vivas or causa mortis. The essential requisites are that there must exist an intent to give; the property must be actually delivered and the donor must surrender the possession and dominion thereof *414to the donee. (Ridden v. Thrall, 125 N. Y. 572.) It, therefore, remains to he determined in this case whether there has been compliance with these essentials.
It appeared upon the trial that the donor, Jeremiah Dwyer, was in the possession of a bank…
2Cases cited12 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Harris v. . ClarkNew York Court of Appeals · 1849
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
- In re the Judicial Settlement of the Account of KaupperAppellate Division of the Supreme Court of the State of New York · 1910
- Bierbrauer v. MoranAppellate Division of the Supreme Court of the State of New York · 1935
- Belfanc v. BelfancAppellate Division of the Supreme Court of the State of New York · 1937
- In Re the Transfer Tax Upon the Estate of KaneNew York Court of Appeals · 1927
19 more not listed; retrieve them via the Exa API.