Deneff v. Helms
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. William Deneff, as tbe administrator of tbe estate of Edward Graupner, deceased, instituted this action against H. V. Helms to recover the sum of $2,200, which, it is alleged, he converted to his own use.
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From Jackson: Hiero K. Hanna, Judge. William Deneff, as tbe administrator of tbe estate of Edward Graupner, deceased, instituted this action against H. V. Helms to recover the sum of $2,200, which, it is alleged, he converted to his own use. Helms answered, basing his right to the money upon a gift causa mortis, made to him by Graupner while in conscious peril of dissolution for the following purposes, to wit, to pay the just and legal debts of the donor, to pay himself and family liberally for their care and attention bestowed upon him during his illness, and to send whatever balance there…
1Opinion of the CourtJustice Wolverton
*164This being an action at law, we are confined to the consideration of the question as to whether the facts found by the court support the judgment. In his argument plaintiff’s counsel proceeded upon the hypothesis that, if the transactions between the deceased and Helms were adequate to the consummation of any gift, it was a donatio causa mortis, thus conceding in effect that it was made on the part of the donor in the conscious existence of impending peril of death, and in view of dissolution. This eliminates further inquiry as respects the first essential to a valid gift causa mortis. Nor is…
2Cases cited15 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Grymes v. . HoneNew York Court of Appeals · 1872
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Devol v. DyeIndiana Supreme Court · 1890
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3Cited by14 opinions
- Allen v. HendrickOregon Supreme Court · 1922
- Szabo v. SpeckmanSupreme Court of Florida · 1917
- Porter v. O'DonovanOregon Supreme Court · 1913
- In Re Estate of SimmsSupreme Court of Missouri · 1968
- Lay v. ProctorOregon Supreme Court · 1934
9 more not listed; retrieve them via the Exa API.