Legal Opinion

Telle v. Roever

Missouri Court of Appeals

Decided July 15, 1911PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Two essentials are necessary to make good a gift inter vivos: there must be an intention to give and there must be a complete, unconditional delivery. Both must concur; the one is not' sufficient without the other.

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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Two essentials are necessary to make good a gift inter vivos: there must be an intention to give and there must be a complete, unconditional delivery. Both must concur; the one is not' sufficient without the other. In re Estate of Soulard, 141 Mo. 642; McCord’s Administrator v. McCord, 77 Mo. 166; Dunn v. German American Bank, 109 Mo. 90; Basket v. Hassell, 107 U. S. 602; Walter v. Ford, 74 Mo. 195; Spencer v. Vance, 57 Mo. 427. (2) When an attempted gift is incomplete, leaving the legal title in the grantor at the time…

1Opinion of the CourtReynolds, P. J.

This is a proceeding which was instituted in the probate court of the city of St. Louis, under the provisions of. sections 74 to 78, Revised Statutes 1899, now sections 70 and following, Revised Statutes 1909, by the administrator with the will *117annexed of the estate of John C. Dorn, deceased, in which proceeding the administrator sought to recover from John C. Roever and Chris F. Drewes two certain promissory notes, one for $1000 and one for $500, the notes given by the trustee of Bethania Evangelical Lutheran Church, in St. Louis, to the order of John C. Dorn. On trial before the probate…

2Cases cited6 opinions

  1. McCord's Administrator v. McCordSupreme Court of Missouri · 1882
  2. Spencer v. VanceSupreme Court of Missouri · 1874
  3. Walter v. FordSupreme Court of Missouri · 1881
  4. Dunn v. German-American BankSupreme Court of Missouri · 1891
  5. Greene v. DavisMissouri Court of Appeals · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Boyers v. BoyersMissouri Court of Appeals · 1978
  2. Edson v. CommissionerUnited States Board of Tax Appeals · 1928
  3. Eisen, Admr. v. John Hancock Mut. L. Ins. Co.Missouri Court of Appeals · 1936
  4. Hornsey v. De VotoMissouri Court of Appeals · 1929
  5. Estate of Lindhorst v. WernerMissouri Court of Appeals · 1925

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