Legal Opinion

Guinan's Appeal from Probate

Supreme Court of Connecticut

Decided February 8, 1898PublishedCited by 26 opinions

Appeal- from an order and decree of tlie Court of Probate for the district of Waterbury accepting the final administration account on the estate of Kate Healy, deceased, taken to the Superior Court in New Haven County and tried to the court, Hall, J.; facts found and judgment rendered in favor of the appellee, and appeal by the appellant for alleged errors in the rulings of the court.

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Appeal- from an order and decree of tlie Court of Probate for the district of Waterbury accepting the final administration account on the estate of Kate Healy, deceased, taken to the Superior Court in New Haven County and tried to the court, Hall, J.; facts found and judgment rendered in favor of the appellee, and appeal by the appellant for alleged errors in the rulings of the court. The Court of Probate in the district of Waterbury appointed Winifred Miller administratrix on the estate of Kate Healy, who had died intestate in that district. On the 24th day of April, 1897, pursuant to an…

1Opinion of the CourtAndrews, C. J.

There are various reasons of appeal set down in the record. There is, however, but one real question : Was there a valid gift of the money from Kate Healy to Winifred Miller, so that the money belonged to her, and not to the estate ? The Superior Court decided that there was.

A gift is the transfer of property without consideration. It requires two things: a delivery of the possession of the property to the donee, and an intent that the title thereto shall pass immediately to him. This is a gift inter vivos. In such a gift the donee takes an absolute, indefeasible title. A gift causa mortis…

2Cases cited4 opinions

  1. Basket v. HassellSupreme Court of the United States · 1883
  2. Ridden v. . ThrallNew York Court of Appeals · 1891
  3. Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
  4. Alger v. North End Savings BankMassachusetts Supreme Judicial Court · 1888

3Cited by26 opinions

  1. Kriedel v. KrampitzSupreme Court of Connecticut · 1951
  2. Main's Appeal From ProbateSupreme Court of Connecticut · 1901
  3. Jacobs v. JolleyIndiana Court of Appeals · 1902
  4. Kukanskis v. JasutSupreme Court of Connecticut · 1975
  5. Fox v. ShanleySupreme Court of Connecticut · 1920

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