Stratton v. Athol Savings Bank
Massachusetts Supreme Judicial Court
Contract or tort by the administrator of the estate of Mary L. Taft against the Athol Savings Bank, for $898.11 and interest, alleged to be the amount of a deposit which belonged to the plaintiffs intestate at the time of her death. Writ dated December 15, 1909. Upon a petition of the defendant A. Louie Taft was summoned in as claimant and was made a party to the action. The case was heard by Crosby, J., without a jury.
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Contract or tort by the administrator of the estate of Mary L. Taft against the Athol Savings Bank, for $898.11 and interest, alleged to be the amount of a deposit which belonged to the plaintiffs intestate at the time of her death. Writ dated December 15, 1909. Upon a petition of the defendant A. Louie Taft was summoned in as claimant and was made a party to the action. The case was heard by Crosby, J., without a jury. The facts found by the judge were as follows: Mary L. Taft of Northfield, a short time before November 11, 1907, went to Brattleboro, in the State of Vermont, and there…
1Opinion of the CourtHammond, J.
The first contention of the claimant is that there was a donatio mortis causa of this bank book to him. In the case of a gift mortis causa as well as in that of a gift inter vivas a delivery to the donee, or to some one for him, during the lifetime of the donor is necessary to the validity of the gift.. The gift “must be completely executed, precisely as required in the case of gifts inter vivas, subject to be divested by the happening of any of the conditions subsequent, that is, upon actual revocation by the donor, or by the donor’s surviving the apprehended peril, or outliving the donee,…
2Cases cited3 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Duryea v. HarveyMassachusetts Supreme Judicial Court · 1903
3Cited by7 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
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- Bowers v. HathawayMassachusetts Supreme Judicial Court · 1958
- Edmund Wright Ginsberg Corp. v. C. D. Kepner Leather Co.Massachusetts Supreme Judicial Court · 1945
- Greeley v. O'ConnorMassachusetts Supreme Judicial Court · 1936
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