Herbert v. Simson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court of the county of Middlesex on November 13, 1911, by the executor of the will of Adeline L. Nickerson for instructions as to the disposition to be made by him of a certificate for ten shares of the preferred stock of the American Agricultural Chemical Company, a corporation established under the laws of the State of Connecticut, held by him as executor and claimed by the defendant as a gift made to her by the testatrix in her…
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Bill in equity, filed in the Probate Court of the county of Middlesex on November 13, 1911, by the executor of the will of Adeline L. Nickerson for instructions as to the disposition to be made by him of a certificate for ten shares of the preferred stock of the American Agricultural Chemical Company, a corporation established under the laws of the State of Connecticut, held by him as executor and claimed by the defendant as a gift made to her by the testatrix in her lifetime. The Probate Court made a decree that no gift of the shares of stock had been made to the defendant and that the…
1Opinion of the CourtDe Courcy, J.
It is settled by the finding of the single justice that on the fifth day of December, 1908, for the reasons set forth in the reservation, Mrs. Nickerson undertook to make a gift to Mrs. Simson of ten shares of the preferred stock of the American Agricultural Chemical Company; that pursuant thereto she delivered the unindorsed certificate for the shares to Mrs. Simson, who then accepted it on the terms on which it had been delivered to her. Thereafter it was kept by Mrs. Simson in her trunk in her own room. The question before us is whether the alleged gift was incomplete, and therefore…
2Cases cited13 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- First National Bank v. HollandSupreme Court of Virginia · 1901
- Baltimore Retort & Fire Brick Co. v. MaliCourt of Appeals of Maryland · 1886
- Leyson v. DavisMontana Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Connell's EstateSupreme Court of Pennsylvania · 1925
- Stuart v. SargentMassachusetts Supreme Judicial Court · 1933
- Miller v. SilvermanNew York Court of Appeals · 1928
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1938
- Harris Trust & Savings Bank v. HillAppellate Court of Illinois · 1961
25 more not listed; retrieve them via the Exa API.