McKenzie v. Downing
Supreme Court of Georgia
Trover, from Muscogee county. Before Judge Bull, May Term. 1858. It appeared upon the trial that Kenneth McKenzie, a day or two after making his will, said to Dr. Ellison his physician, that in arranging his business he had forgotten an important matter, and feared it was then too late to arrange it, that it was in regard to some money he had in Scotland.
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Trover, from Muscogee county. Before Judge Bull, May Term. 1858. It appeared upon the trial that Kenneth McKenzie, a day or two after making his will, said to Dr. Ellison his physician, that in arranging his business he had forgotten an important matter, and feared it was then too late to arrange it, that it was in regard to some money he had in Scotland. Ellison told him it was not too late, and sent for Wm K. Moore, who came and wrote, at the dictation of McKenzie, the following check which Avas signed by McKenzie, and Avitnessed by the parties, Avhose names appear. “Inverness, 8 July,…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
There was no delivery of the check to the payee or to any one else for him. It remained in the custody of the drawer It is presumed that he supposed it was sufficient to entitle the. *671payee to the money, -on his death.' In that hé was mistaken, and however, mahífést his inténfi'on it cannot be carried out, consistently with a wise rule of law, which requires for the completion of a gift of this sort a; delivery of the thing-giveh;
Judgment affirmed;
2Cited by3 opinions
- Pennell v. EnnisMissouri Court of Appeals · 1907
- Southern Industrial Institute v. MarshCourt of Appeals for the Fifth Circuit · 1926
- Sorrells v. CollinsSupreme Court of Georgia · 1900