Shankle v. Spahr
Court of Appeals of Virginia
Error to a judgment of the Circuit Court of Washington county, in an action of trover. Judgment for defendant. Plaintiff assigns error. In this action of trespass on the case in trover and conversion the plaintiff in error was the plaintiff and the defendant in error was the defendant in the court below, hereinafter referred to as plaintiff and defendant.
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Error to a judgment of the Circuit Court of Washington county, in an action of trover. Judgment for defendant. Plaintiff assigns error. In this action of trespass on the case in trover and conversion the plaintiff in error was the plaintiff and the defendant in error was the defendant in the court below, hereinafter referred to as plaintiff and defendant. The evidence in the case was as follows: The plaintiff to maintain the issue on his part testified as a witness for himself, as follows: “That he was the executor of the estate of Mary J. Steele, deceased, under her will dated February 28,…
1Opinion of the Court
Sims, J.,
(after making the foregoing statement) delivered the opinion of the court.
In the view we take of the case it will be necessary for us to decide only one question raised by the assignments of error, namely:
1. Was there such delivery of possession of the subject of the gift in the instant case as to make a valid gift causa mortis ?
The rules of law on the subject of gifts causa mortis are now well settled by the authorities. If such a gift falls within those rules, it is the duty of the courts to sustain it, *607but, for reasons of public policy which have been too often stated to need…
2Cases cited5 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Hatch v. AtkinsonSupreme Judicial Court of Maine · 1868
3Cited by12 opinions
- Maughs v. PorterSupreme Court of Virginia · 1931
- Russell's Ex'rs v. PassmoreSupreme Court of Virginia · 1920
- Bratton v. Selective Ins. Co. of Am.Supreme Court of Virginia · 2015
- Payne v. Tobacco Trading Corp.Supreme Court of Virginia · 1942
- Snidow v. BrothertonSupreme Court of Virginia · 1924
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