Emery v. Clough
Supreme Court of New Hampshire
Bill in Equity, under Gen. Laws, a. 209, s. 2, for discovery, and the restoration of a municipal bond for $1,000, alleged to belong to the estate of William Emery, the plaintiff’s intestate, unlawfully withheld by the defendant; also a suit at law to recover $280 of money claimed to be in the hands of the defendant belonging to the estate. Facts found by the court. The legal domicile of said William Emery during his whole life was at Loudon, in this state.
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Bill in Equity, under Gen. Laws, a. 209, s. 2, for discovery, and the restoration of a municipal bond for $1,000, alleged to belong to the estate of William Emery, the plaintiff’s intestate, unlawfully withheld by the defendant; also a suit at law to recover $280 of money claimed to be in the hands of the defendant belonging to the estate. Facts found by the court. The legal domicile of said William Emery during his whole life was at Loudon, in this state. May 21, 1882, being very sick while temporarily at Montpelier, Vt., he delivered to the defendant as a donatio causa mortis, the bond ■ in…
1Opinion of the CourtSmith, J.
It is contended on. the part of the defendant that the transaction in Vermont, whereby the defendant became possessed of the bond, was a donatio causa mortis, valid as an executed contract under the laws of Vermont, and therefore valid here. The plaintiff contends that the transaction was in the nature of a testamentary disposition of property, and if valid in Vermont as a donatio causa mortis, it is not valid in this state because it was not proved by the testimony of two indifferent witnesses upon petition by the donee to the probate court to establish the gift, filed within sixty days…
2Cases cited10 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Grymes v. . HoneNew York Court of Appeals · 1872
- Doty v. . WillsonNew York Court of Appeals · 1872
- Worth v. . CaseNew York Court of Appeals · 1870
- Dean v. CarruthMassachusetts Supreme Judicial Court · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Vosburg v. MallorySupreme Court of Iowa · 1912
- Van Horn v. StockhamSupreme Court of Iowa · 1922
- Caylor v. Caylor's EstateIndiana Court of Appeals · 1899
- Cannon v. WilliamsSupreme Court of Georgia · 1942
- Hogan v. SullivanSupreme Court of Iowa · 1901
9 more not listed; retrieve them via the Exa API.