Legal Opinion

Bank of Adel v. Hutchinson

Court of Appeals of Georgia

Decided March 15, 1916No. 6814Published

Complaint; from city court of Nashville — Judge Christian. June 1, 1915.

1Opinion of the CourtHodges, J.

1. A donatio causa moi’tis, to be effective, must be made during the last illness of the donor or. at a time when the donor is in ■ peril of death; it must be intended to be absolute only in the event of death, and to perfect it there must be an actual or symbolic delivery. Civil Code, § 4154.

2. Mrs. Harter, the intestate of the plaintiff, having a time certificate of deposit in a bank, dated February 27, 1912, caused to be written on the certificate: “It is understood and agreed this deposit to go to Elmore Hutchinson and Henry Hutchinson, each an equal share, to be paid to them at the ages…

2Cases cited9 opinions

  1. Basket v. HassellSupreme Court of the United States · 1883
  2. Grymes v. . HoneNew York Court of Appeals · 1872
  3. Hall v. SimmonsSupreme Court of Georgia · 1906
  4. Burt v. AndrewsSupreme Court of Georgia · 1900
  5. Harrell v. NicholsonSupreme Court of Georgia · 1904

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