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Fenton v. Bridge

Supreme Court of Iowa

Decided December 21, 1917PublishedCited by 10 opinions

Appeal from Linn District Court. — Milo P. Smith, Judge. This is a controversy over the title and right of custody of certain personal property owned in her lifetime by Efíie M. Fenton, deceased. The plaintiff is the duly appointed administrator of her estate. The defendants are alleged donees of the property. The property consisted, in the main, of Loan Association certificates, and bank deposits evidenced by pass books.

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Appeal from Linn District Court. — Milo P. Smith, Judge. This is a controversy over the title and right of custody of certain personal property owned in her lifetime by Efíie M. Fenton, deceased. The plaintiff is the duly appointed administrator of her estate. The defendants are alleged donees of the property. The property consisted, in the main, of Loan Association certificates, and bank deposits evidenced by pass books. The trial court found for the defendants, and dismissed the plaintiff’s application accordingly. The plaintiff has appealed. —

1Opinion of the CourtEvans, J.

1. Gifts : intervivos : delivery to third party for donee: effect. — I. The evidence presents no conflict. Efor do counsel differ materially as to the general legal propositions applicable to the case. The real conflict is over the ultimate conclusion or inference of fact that should be drawn from tire evidence as a whole. To put it concretely, the debate concentrates upon the question whether the alleged gifts were consummated by delivery to or for the donees during the lifetime of the donor.

Mrs. Fenton, in her lifetime, was widowed by a divorce from her husband. So far as appears in the…

2Cases cited12 opinions

  1. Martin v. MartinIllinois Supreme Court · 1897
  2. Davis v. NeyMassachusetts Supreme Judicial Court · 1878
  3. Tucker v. TuckerSupreme Court of Iowa · 1908
  4. Jacobs v. JolleyIndiana Court of Appeals · 1902
  5. Holmes v. McDonaldMichigan Supreme Court · 1899

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3Cited by10 opinions

  1. O'Brien v. BieggerSupreme Court of Iowa · 1943
  2. Kintzinger v. MillinSupreme Court of Iowa · 1962
  3. Van Horn v. StockhamSupreme Court of Iowa · 1922
  4. Payne v. Tobacco Trading Corp.Supreme Court of Virginia · 1942
  5. Miller v. WilliamsSupreme Court of Iowa · 1923

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