Leyson v. Davis
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. Action by an administrator to require the transfer to him of bank stock standing in the name of the intestate. The cause was tried before McHatton, J. Defendants had judgment below. Statement of the case by the justice delivering the opinion.
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Appeal from, Second Judicial District, Silver Bow County. Action by an administrator to require the transfer to him of bank stock standing in the name of the intestate. The cause was tried before McHatton, J. Defendants had judgment below. Statement of the case by the justice delivering the opinion. The appellant, as special administrator of the estate of Andrew J. Davis, deceased, sued to recover 950 shares of the capital stock of defendant bank, alleged by him to belong to the estate of the said deceased, and claimed by said defendant Andrew J. Davis, Jr., under a donatio causa mortis. The…
1Opinion of the CourtHunt, J.
As is often, perhaps generally, the case in suits where property is claimed as a donatio causa mortis, the court is not seriously embarrassed by conflicts in the testimony. When the idea pervades the mind that death is certainly close at hand, and that it is a fitting time to act in relation to property affairs with a view to their disposition in case of death,, a reflecting sense of the occasion whereon they may act bids men seek the unobtrusive confidence and privacy of close, friendships, trusted counsel or strong ties of consanguinity. It. therefore happens that our duty in judicially…
2Cases cited26 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Bank v. LanierSupreme Court of the United States · 1871
- Grymes v. . HoneNew York Court of Appeals · 1872
21 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- State v. GreenoMontana Supreme Court · 1959
- Burns v. SmithMontana Supreme Court · 1898
- First National Bank v. HollandSupreme Court of Virginia · 1901
- State v. MatkinsMontana Supreme Court · 1912
27 more not listed; retrieve them via the Exa API.