McCame's Adm'r v. McCame's Adm'r
McCame's Adm'r v. McCame's Adm'r
Opinion of the Court
Opinion by
The evidence in this case fails to establish either a gift inter vivos, or causa mortis. Only two witnesses speak of the facts upon which the alleged gift is based. Both of these witnesses say that the
It was the purpose of the intestate to place his effects in the hands of McHenry Meador, and he may have intended, and no doubt did intend that his grandchildren or the- boys were to have this money, but reserved to himself the right to make a disposition of it in the future. The object on the day it was delivered to Meador was only for the purpose of securing it as a part of his estate. He was then in a helpless condition, and felt, no doubt, that it was insecure to have that much money in his custody. He made no gift of it to his grandchildren or to the boys, but indicated that such was his intention at some future time. He fails not only to use language denoting a gift, but leaves it altogether a matter of uncertainty, if a gift is to be implied, as to how the grandchildren are to take, or the manner in which the distribution is to be made.
One of the witnesses also understood him to use the word boys instead of grandchildren; if so what boys he had reference to is left altogether to conjecture; and if we were to indulge in speculation as to his purposes, it would be equally as proper to determine that his son was included, as well as the grandchildren. The money was to go to his grandchildren, or he wanted it for the boys, are words that ought not to be construed as a gift causa mortis, under the facts of this case. The intestate was at the time delivering his effects into the hands of another for keeping, and with no avowed purpose of passing the title directly or at his death to any named person, and certainly should not be held as a gift to those whose identity is established, not from the mouth of the donor, but from the opinions of the witnesses. This character of proof is too vague and uncertain upon which to pass the title to property. The chancellor should
Case-law data current through December 31, 2025. Source: CourtListener bulk data.