Coleman v. Parker
Massachusetts Supreme Judicial Court
Contract, with a count in tort for the same cause of action, to recover a portion of the contents of a trunk, once the property of Sarah Craig, deceased. The plaintiff claimed the property as a gift mortis causd from the deceased; the defendant claimed it as administrator of the deceased.
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Contract, with a count in tort for the same cause of action, to recover a portion of the contents of a trunk, once the property of Sarah Craig, deceased. The plaintiff claimed the property as a gift mortis causd from the deceased; the defendant claimed it as administrator of the deceased. At the trial in the Superior Court, before Lord, J., there was evidence that the plaintiff and the deceased had been intimately acquainted with each other for upwards of twenty years; that they had come to Boston together from Philadelphia, in 1852; that they had lived out as domestic servants; that the…
1Opinion of the CourtAmes, J.
The only question raised upon this bill of exceptions is- as to the correctness of the ruling at the trial, that the case furnishes no evidence of any delivery of the trunk and its contents to the plaintiff, or to any one on her behalf. The evidence reported was sufficient to make out all the other elements necessary to maintain her title. But it is not enough merely to show that the dying person intended to make the gift, and that she designated with proper distinctness what was to be given and to whom. It is necessary also to the plaintiff’s case to show that the intention was carried into…
2Cited by21 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Devol v. DyeIndiana Supreme Court · 1890
- Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
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