Marshall v. Berry
Massachusetts Supreme Judicial Court
Tort in favor of the administrator of the estate of Abby L. Marshall for the conversion of three United States bonds and two United States treasury notes, of $100 each.
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Tort in favor of the administrator of the estate of Abby L. Marshall for the conversion of three United States bonds and two United States treasury notes, of $100 each. At the trial in the superior court, before Morton, J., there was evidence tending to show that the intestate, who was the plaintiff’s wife, died on the 17th of June 1865, leaving no child; that she was the owner of the property mentioned in the declaration, and while on her death-bed and then being under the immediate apprehension of death, she directed fne defendant upon her decease to deliver the bonds to her brother Edward…
1Opinion of the CourtWells, J.
The evidence tended to show a good donatio causa mortis of a part at least of the property claimed by the administrator. It was property which is now held to be capable of such disposition. Delivery to a third person for the intended donee, to be given to him after the decease of the donor, and actual receipt and acceptance by the donee after such decease, complete the conditions of such a gift and perfect the title in the beneficiary. Sessions v. Moseley, 4 Cush. 87. 1 Williams on Executors, (4th Amer. ed.) 686, note. It would seem, therefore, that the ruling of the judge who tried the case,…
2Cases cited2 opinions
- Brown v. BrownSupreme Court of Connecticut · 1847
- Webster v. WiseNew York Court of Chancery · 1829
3Cited by1 opinion
- Hinton, Admr. v. BryantIndiana Court of Appeals · 1934