Legal Opinion · Dissent

Speaker v. Keating

Court of Appeals for the Second Circuit

Decided August 7, 1941No. 337Published

1DissentClark, Circuit Judge

My view of this case is along a line not discussed in the opinion — one which, it seems to me, clearly requires us to give effect to the unquestioned intention of the deceased. Shortly stated, it is that a valid assignment of title to personal property is good without formal delivery of the property itself. There can be no question —for it is too well settled — that a deed of gift is as valid as a gift by tradition; this law is as thoroughly recognized in New York as elsewhere. Ham v. Van *709Orden, 84 N.Y. 257; Johnson v. Williams, 63 How.Prac. 233; Matson v. Abbey, 70 Hun 475, 24 N.Y.S. 284;…

2Cases cited12 opinions

  1. Wadd v. . HazeltonNew York Court of Appeals · 1893
  2. In re the Judicial Settlement of the Account of Proceedings of CohnAppellate Division of the Supreme Court of the State of New York · 1919
  3. Ham v. . Van OrdenNew York Court of Appeals · 1881
  4. Sweetland v. . BuellNew York Court of Appeals · 1900
  5. Sylvain v. PageMontana Supreme Court · 1929

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