Kenney v. Public Administrator
New York Surrogate's Court
The bank book in this case was a Savings Bank Book, which was the voucher and evidence of Daphne Myers’ interest in the bank, and without producing which to the bank no money, not even checks, could be drawn. The law is, that notes and bills, to bearer or to order,' whether endorsed or not, bonds and mortgages, whether assigned in writing or not, are subjects of gift caus& mortis.
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The bank book in this case was a Savings Bank Book, which was the voucher and evidence of Daphne Myers’ interest in the bank, and without producing which to the bank no money, not even checks, could be drawn. The law is, that notes and bills, to bearer or to order,' whether endorsed or not, bonds and mortgages, whether assigned in writing or not, are subjects of gift caus& mortis. (Harris vs. Clark, 2 Bar., 94, vide pp. 98 and 101; 3 Brin., 366 ; 8 Shep., 185.) A gift of the note of a third person is a symbolical delivery of the property. (Coutant vs. Schuyler, 1 Paige, 316 ; 24 Pick., 261.)…
1Opinion of the Court
The Surrogate.
The petitioner claims the benefit of an alleged donatio causó mortis, by virtue of an assignment from his mother, Ellen Kenney, the donee. Mrs. Kenney, the assignor, states that she attended the decedent during her last illness; and that some five days before her death, she gave her a Savings Bank Book, saying, “If she got well I was to return it to her, and if she died it was mine.” This, it is contended, establishes a gift of the sum then on deposit in the Savings Bank. The sole witness produced to substantiate the claim, is the alleged donee; and on the other side it is shown…
2Cited by5 opinions
- Grey v. . GreyNew York Court of Appeals · 1872
- In re Account of ManhardtAppellate Division of the Supreme Court of the State of New York · 1897
- Hackney v. VroomanNew York Supreme Court · 1862
- Delmotte v. TaylorNew York Surrogate's Court · 1862
- Rix v. HuntAppellate Division of the Supreme Court of the State of New York · 1897