Dole v. Lincoln
Supreme Judicial Court of Maine
Trover against Rodney G. Lincoln, for certain promissory notes, amounting to nearly $5000. It was admitted, that before the commencement of the suit, the plaintiff had demanded the notes of the defendant, who refused to deliver them.
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Trover against Rodney G. Lincoln, for certain promissory notes, amounting to nearly $5000. It was admitted, that before the commencement of the suit, the plaintiff had demanded the notes of the defendant, who refused to deliver them. William iSticlcney, called by the plaintiff, testified as follows : — “ The notes were the property of Ebenezer Dole, the plaintiff’s intestate, who died June 9, 1847; on June 3, 1847, the intestate, in his sick chamber, requested me to make a schedule of notes, which he wanted to give, or had given for benevolent purposes, (whether he said he had then placed…
1Opinion of the CourtShepley, C. J.
The testimony shows, that the notes claimed in this suit, were formerly the property of the intestate, and that they must still be regarded as belonging to his estate, unless he made a legal disposition of them during his life.
To constitute a donation inter vivos, there must be a gift absolute and irrevocable, without any reference to its taking effect at some future time. The donor must deliver the property, and part with all present and future dominion over it. Grover v. Grover, 24 Pick. 261.
The testimony dearly shows, that the intestate did not intend to make a gift of the notes to take…
2Cases cited3 opinions
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