McGrath v. Reynolds
Massachusetts Supreme Judicial Court
Bill in equity to obtain the instructions of the court as to the disposition of certain funds alleged to have been placed in the plaintiff’s hands by Bernard Reynolds, as a donatio causa mortis.
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Bill in equity to obtain the instructions of the court as to the disposition of certain funds alleged to have been placed in the plaintiff’s hands by Bernard Reynolds, as a donatio causa mortis. The case was reserved by Colt, J., for the consideration of the full court, upon the bill and answers and a report, and appeared to be as follows : Bernard Reynolds on September 23,1873, sent for the plaintiff to come to him at Salem, where he was then lying very sick and in expectation of death. The plaintiff accordingly went to Salem and found Reynolds in bed in his room at the house of his sister,…
1Opinion of the CourtWells, J.
The writing signed by Reynolds cannot operate as a will, for want of attestation. The testamentary purpose, however, is so manifest, especially in connection with the attending circumstances and the declarations of Reynolds, as to forbid giving it effect as a transfer by way of gift inter vivas. It can be regarded only as an attempt to make a gift mortis causa; and it is so set forth in the bill.
As a gift mortis causa, it is not aided by the execution of the written instrument, except so far as that may contribute to greater certainty in the proofs. Such gifts cannot be effected by formal…
2Cited by18 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Knight v. TrippCalifornia Supreme Court · 1898
- Clarke v. RansomCalifornia Supreme Court · 1875
- Mitchell v. WeaverMassachusetts Supreme Judicial Court · 1922
- Gordon v. ClarkSupreme Court of Arkansas · 1921
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