McCoy's Admr. v. McCoy
Court of Appeals of Kentucky
CASE 9]. — ACTION BETWEEN ELLEN McCOY’S ADMINISTRATOR AND WILLIAM H. McCOY, AS TO A GIFT INTER VIVOS OR CAUSA MORTIS OF A BANK DEPOSIT BY THE DELIVERY OF THE BANK PASSBOOK. — Appeal from Kenton Circuit Court. M. L. Harbeson, Circuit Judge. Prom, the judgment the administrator appeals— POINTS AND AUTHORITIES. 1. Gifts causa mortis are not favored in Kentucky.
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CASE 9]. — ACTION BETWEEN ELLEN McCOY’S ADMINISTRATOR AND WILLIAM H. McCOY, AS TO A GIFT INTER VIVOS OR CAUSA MORTIS OF A BANK DEPOSIT BY THE DELIVERY OF THE BANK PASSBOOK. — Appeal from Kenton Circuit Court. M. L. Harbeson, Circuit Judge. Prom, the judgment the administrator appeals— POINTS AND AUTHORITIES. 1. Gifts causa mortis are not favored in Kentucky. (Albro v. Albro, 65' S. W„ 592.) 2. It was error in the lower court to. submit a part only of the issues to the jury and to itself preadjudge another part. (Am. & Eng. Enoy. of Law (2 Ed.), vol. 14, p. 1054; Knott’s Adm’r v. Hogan, 4…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Affirming.
The principal question involved in this controversy is whether or not a deposit in a bank may he the subject of a gift inter vivos or causa mortis by the delivery of the pass book of the depositor. In the petition it is alleged that three days before her demise, and while-under the apprehension of death, Ellen McCoy, the mother of appellee, William H. McCoy, delivered to him a deposit hook of a savings hank, in which she had $1,209 to her credit, and a promissory note on which there was an unpaid balance of $402. The day following Mrs. McCoy…
2Cases cited12 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
- Ellis v. SecorMichigan Supreme Court · 1875
- Stephenson's adm'r v. KingCourt of Appeals of Kentucky · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fender v. FoustMontana Supreme Court · 1928
- Moore v. ShifflettCourt of Appeals of Kentucky · 1920
- Dickerson v. Snyder, AdministratorCourt of Appeals of Kentucky (pre-1976) · 1925
- York's Ancillary Adm'r v. BromleyCourt of Appeals of Kentucky (pre-1976) · 1941
- Collins v. Collins' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
10 more not listed; retrieve them via the Exa API.