Legal Opinion

Smith v. Youngblood

Supreme Court of Arkansas

Decided June 9, 1900PublishedCited by 8 opinions

Appeal from Pope Circuit Court in Chancery. Jeremiah G. Wallace, Judge. There was never any sufficient delivery. 59 Ark. 195; 43 Ark. 319; 2 Kent’s Com. *430; 1 Benj. Sales, 5; 17 Am. St. 524; 107 U. S. 602; 1 Am. & Eng. Dec. in Eq. 564-7. “A gift to take effect in the future is void. 8 Am. & Eng. Enc. Law, 1315; 45 Oh.

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Appeal from Pope Circuit Court in Chancery. Jeremiah G. Wallace, Judge. There was never any sufficient delivery. 59 Ark. 195; 43 Ark. 319; 2 Kent’s Com. *430; 1 Benj. Sales, 5; 17 Am. St. 524; 107 U. S. 602; 1 Am. & Eng. Dec. in Eq. 564-7. “A gift to take effect in the future is void. 8 Am. & Eng. Enc. Law, 1315; 45 Oh. St. 108; 80 N. Y. 422. Delivery to a bailee for the benefit of the donee constitutes a perfect gift. 36 Ind. 78; 63 Me. 364; 4 Conn. 512; 11 R. I. 266; 43 Ark. 319; 10 Johns. 293; 128 Mass. 159; 2 N. Y. Ch. 333.

1Opinion of the CourtWood, J.

The coui’t below found “that on or about the 1st day of May, 1882, Amanda Youngblood * * gave to defendant, F. F. Youngblood, the fund sued for, to-wit, $1,600, for the plaintiffs, to be held by him for them for and during the term of her natural life, and to be paid over to plaintiffs in equal proportions at her death, she reserving the interest for her life for the support and maintenance of herself and plaintiffs; the said F. F. Youngblood to loan and invest the same to best advantage, and pay the interest over to her annually.” After a careful consideration of the evidence set forth in…

2Cases cited1 opinion

  1. Nolen v. HardenSupreme Court of Arkansas · 1884

3Cited by8 opinions

  1. Candee v. Connecticut Savings BankSupreme Court of Connecticut · 1908
  2. 555, Inc. v. CommissionerUnited States Tax Court · 1950
  3. Dinslage v. StratmanNebraska Supreme Court · 1920
  4. Goodan v. GoodanCourt of Appeals of Kentucky · 1919
  5. Robinson v. DelfinoSupreme Court of Rhode Island · 1998

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