Smith v. Eshelman

FOSTER, Justice.

This is a bill in equity, and the opinion of the trial judge shows that its sufficiency is challenged on the ground that the facts averred do not constitute a gift causa mortis.

The facts averred which seem to control the questions are succinctly stated as follows :

“James Daniel Caddell, ,in expectation of death then imminent, and a patient at the Baptist Hospital at Selma, Alabama, preparing jto undergo an operation, delivers to Doctor T. C. Cameron' a letter Exhibit A to the Bill of Complaint, requesting Doctor Cameron to open same in case of his (J. D. Caddell’s) death, said…