Parker v. . Ricks
Supreme Court of North Carolina
Action of debt, tried before Bailey, J., at the Spring Term, 1861, of Edgecombe Superior Court. CASE AGREED. The action was brought on the following article of writing, given by the defendant to the plaintiff: “ This is to certify, that Mrs. S. J. Parker has placed in my hands the sum of one thousand dollars, for the use and benefit of Miss C. P. Battle, during her life, and also after her death, to remain in my hands until called for by the said C. P. Battle, the interest…
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Action of debt, tried before Bailey, J., at the Spring Term, 1861, of Edgecombe Superior Court. CASE AGREED. The action was brought on the following article of writing, given by the defendant to the plaintiff: “ This is to certify, that Mrs. S. J. Parker has placed in my hands the sum of one thousand dollars, for the use and benefit of Miss C. P. Battle, during her life, and also after her death, to remain in my hands until called for by the said C. P. Battle, the interest to be paid annually- to the said C. P. Battle, for her own use, this being the sum given in her last will and testament…
1Opinion of the CourtManly, J.
We can see no reason for reversing the judgment rendered in the Court below. Indeed, the case seems tó us so entirely free from any question, that we regret the appellant has not furnished us with the grounds of her appeal.
The certificate, under date of 31st of May, 1856, is evidence of a purpose, on the part of the plaintiff, to set apart the sum -of money, therein mentioned, for the use of Miss Battle, absolutely ; the words are plainly such as would be used between persons making a voluntary and unconditional transfer of pro perty from one, to the other. This is the definition of a gift.
A…
2Cited by1 opinion
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