Marshall v. Jaquith
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing the third account of the administrator of the estate of Joseph Marshall.
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Appeal from a decree of the Probate Court, allowing the third account of the administrator of the estate of Joseph Marshall. Hearing before Field, J., who found the following facts: Joseph Marshall died intestate on July 15, 1877. Five or six months before his death, being in health and not apprehending immediate death, he gave to his wife four $1000 and two $100 United States six per cent bonds in the following manner: He called in his nephew, Joseph B. Marshall, and in his presence, and in the presence of the wife, took these bonds from his pocket and handed them to Joseph B. Marshall, and…
1Opinion of the CourtColburn, J.
A husband may make a gift of personal property to his wife, which, after his decease, will give her a valid title to the property against his heirs. To accomplish this result, there must be an actual delivery of the property to the wife, with the intention to give it to her, a retention of the custody of the property by the wife, separate and distinct from other property of the husband, and rights of creditors of the husbahd must not be impaired. McCluskey v. Provident Institution for Savings, 103 Mass. 300. Fisk v. Cushman, 6 Cush. 20. Adams v. Brackett, 5 Met. 280.
Actual delivery to the…
2Cases cited6 opinions
- McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
- Spelman v. AldrichMassachusetts Supreme Judicial Court · 1879
- Whitney v. WheelerMassachusetts Supreme Judicial Court · 1875
- Herr's AppealSupreme Court of Pennsylvania · 1843
- Towle v. TowleMassachusetts Supreme Judicial Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
- Brown v. BrownMassachusetts Supreme Judicial Court · 1899
- Tucker v. CurtinCourt of Appeals for the First Circuit · 1906
- Springfield Institution for Savings v. CopelandMassachusetts Supreme Judicial Court · 1894
- American Automobile Ins. Co. v. NiebuhrNew Jersey Court of Chancery · 1938
5 more not listed; retrieve them via the Exa API.