Tyler v. Stitt
Wisconsin Supreme Court
(Appeal from a judgment of the circuit court for Milwaukee county: WabbeN D. TabbaNT, Circuit Judge. Tbis is a claim against the estate of Mrs. Olive A. Stitt, deceased, upon an instrument in writing, as follows: “Milwaukee, Wis., June 18, 1897. “I promise to pay Robert D. S. Tyler, or order, four thou- ’ -sand five hundred dollars, with 6 per cent, interest from this •date, payable after my demise, out of my estate. “Olive Blaee Stitt, “J. S. Stitt.”
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(Appeal from a judgment of the circuit court for Milwaukee county: WabbeN D. TabbaNT, Circuit Judge. Tbis is a claim against the estate of Mrs. Olive A. Stitt, deceased, upon an instrument in writing, as follows: “Milwaukee, Wis., June 18, 1897. “I promise to pay Robert D. S. Tyler, or order, four thou- ’ -sand five hundred dollars, with 6 per cent, interest from this •date, payable after my demise, out of my estate. “Olive Blaee Stitt, “J. S. Stitt.” The claim was objected to by J. S. Stitt, as administrator •of the estate, on the ground that the note was wholly without •consideration. The…
1Opinion of the CourtWiNsnow, J.
It is very apparent that the appellant has-no valid claim against the estate of the deceased. The instrument in question was without consideration. It was but a mere promise to make a gift in the future. A promise to-make a gift cannot be enforced. Actual delivery of the property is essential to the validity of a gift, and delivery of the promisor’s own note is not delivery of the property, but a-mere promise to deliver it. All this is familiar' law.
It is claimed that the evidence shows such conduct on the-part of the administrator and heir at law as will raise a constructive trust on his…
2Cases cited2 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Hawarden v. Youghiogheny & Lehigh Coal Co.Wisconsin Supreme Court · 1901
3Cited by4 opinions
- Odell v. SmithWisconsin Supreme Court · 1938
- Suske v. StrakaSupreme Court of Minnesota · 1949
- Estate of McAskill v. McLeodWisconsin Supreme Court · 1934
- Estate of Hatten v. MonstedWisconsin Supreme Court · 1939