Craig v. Tucker
Supreme Court of Pennsylvania
THIS was an action of trover for two bonds, tried under the general issue at the Nisi Prius in February last before Mr. Justice Teates. The delivery of a bond or personal chattel by the owner in his last illness to his wife, for the use of a third person, is a sufficient delivery to make it a good donatio causa mortis. The widow is a good witness to prove a donatio causa mortis by her deceased husband. A bond is a proper subject of a donatio causa mortis.
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THIS was an action of trover for two bonds, tried under the general issue at the Nisi Prius in February last before Mr. Justice Teates. The delivery of a bond or personal chattel by the owner in his last illness to his wife, for the use of a third person, is a sufficient delivery to make it a good donatio causa mortis. The widow is a good witness to prove a donatio causa mortis by her deceased husband. A bond is a proper subject of a donatio causa mortis. It seems that a donatio causa mortis is not only conditional, to be void if the donor recovers, but it is also revocable by him, being in…
1Opinion of the Court
Tilghman C. J.
This is an action of trover for two bonds which were the property of A. Craig the plaintiff’s intestate. The defendants claim them as a donatio causa mortis made by Andrezv Craig in his last illness to the children of the defendants. Andrew Craig died intestate, and without issue, and the gift was proved by Theodosia Craig, his widow, who is intitled by law to one half of her husband’s personal estate. She swore, that the gift was made by her husband about three days before his death, and the bonds delivered to her, to be by her delivered over, and that she kept them locked up…
2Cited by34 opinions
- Grymes v. . HoneNew York Court of Appeals · 1872
- Harris v. . ClarkNew York Court of Appeals · 1849
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Appeal of WalshSupreme Court of Pennsylvania · 1888
- Craig v. CraigNew York Court of Chancery · 1848
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