Van Fleet v. McCarn
New York Supreme Court
On motion for new trial. The plaintiff, Levi C. Van Fleet, as executor of the will of SophroniaPettibone, deceased, brought an action against the First national Bank of Hornellsville to recover $500 deposited in that institution June 9,1884, by Mrs. Pettibone. The defendant, Mrs. Lucinda McCarn, claiming this money under and by virtue of a gift causa mortis, an order was made, at the request of the bank, substituting her in its stead.
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On motion for new trial. The plaintiff, Levi C. Van Fleet, as executor of the will of SophroniaPettibone, deceased, brought an action against the First national Bank of Hornellsville to recover $500 deposited in that institution June 9,1884, by Mrs. Pettibone. The defendant, Mrs. Lucinda McCarn, claiming this money under and by virtue of a gift causa mortis, an order was made, at the request of the bank, substituting her in its stead. Upon the trial defendant obtained a verdict. This is a motion by the plaintiff for a new trial upon the case and exceptions. At the time of the deposit, the…
1Opinion of the CourtLewis, J.
I was impressed upon the trial of this action that the defendant had failed to make out a defense, and that the plaintiff was entitled to a verdict for the amount of the money in controversy; and a further examination which I have given this case has confirmed my first impressions. The plaintiff, as executor, was entitled to the money, unless the defendant established a donation of it to her causa mortis. The statute, for very apparent reasons, requires great formality in a will disposing of property. The law, however, permits the disposal of property causa mortis, but does not favor such…
2Cases cited13 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Grymes v. . HoneNew York Court of Appeals · 1872
- Harris v. . ClarkNew York Court of Appeals · 1849
- Appeal of WalshSupreme Court of Pennsylvania · 1888
- Curry v. . PowersNew York Court of Appeals · 1877
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3Cited by4 opinions
- Brophy v. HaeberleAppellate Division of the Supreme Court of the State of New York · 1927
- Manhardt v. FryeAppellate Division of the Supreme Court of the State of New York · 1897
- Wetmore v. BrooksNew York Court of Common Pleas · 1891
- Rix v. HuntAppellate Division of the Supreme Court of the State of New York · 1897