Lohnes v. Bakes
Missouri Court of Appeals
Appeal from Oregon Circuit Court.—Hon. W. N. Evans, Judge. (-1) It is essential- to a donation inter- vivos - that the gift should go into immediate effect, that it be absolute and irrevocable, and that the donor part with all present and future dominion over the property given and that theré be an absolute delivery.
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Appeal from Oregon Circuit Court.—Hon. W. N. Evans, Judge. (-1) It is essential- to a donation inter- vivos - that the gift should go into immediate effect, that it be absolute and irrevocable, and that the donor part with all present and future dominion over the property given and that theré be an absolute delivery. In re Soulard,. .141 Mo. 642; Dunn v. Bank, 109 Mo. 97; McCord v. McCord, 77 Mo. 166; Shafer v. Manning, 132 111. App. 570; Howe v. Ripka, 199 Mass. 359; Stark v. Kelley (Ky.), 113 SW. 498.. (2) A gift cannot be made to take effect in the future. Such a transaction would only…
1Opinion of the CourtNixon, P. J.
I. Appellant complains of the action of the trial court in permitting plaintiff' to testify as a witness over appellant’s objection. Our statute (sec. 6854, R. S. 1909) provides: “. . . and where an executor or administrator is a party, the other party shall not be admitted to testify in his own favor, unless *402the contract in issue was originally made with a person who is living and competent to testify.” It was expressly held in the case of City of St. Joseph v. Baker, 86 Mo. App. 310, under this provision, that where one party is an administrator or executor, the other should not be…
2Cases cited13 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
- Ess v. GriffithSupreme Court of Missouri · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Grand Temple & Tabernacle in State of Texas of Knights & Daughters of Tabor of International Order of Twelve v. JohnsonCourt of Appeals of Texas · 1913
- Dickson v. DicksonMissouri Court of Appeals · 1937
- Jeffords v. DreisbachMissouri Court of Appeals · 1913
- Tremain v. DyottMissouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.