Kotz v. Smith
Kotz v. Smith
Opinion of the Court
The bill in this case was filed for the purpose of recovering from the defendant moneys which the plaintiff claims as part of the estate of the decedent, of which he is the administrator. The sole defense of' the appellant is that the decedent, her father, had made a gift to her of the moneys claimed by his personal representative. The learned court below correctly held that she was not
Reference
- Full Case Name
- Kotz, Administrator v. Smith
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Decedents’ estates — Gifts by. decedent — Validity—Equity—Accounting. 1. Where in a suit in equity by an administrator to recover from the daughter of plaintiff’s decedent money which plaintiff claimed belonged to decedent’s estate, the sole defense was that deceased had made a gift of the money claimed by defendant, but where other testimony did not clearly and affirmatively show the transaction of the alleged gift to have been the free and intelligent act of the decedent, fufiy explained to him and performed by him with a thorough understanding of the consequences, a decree for plaintiff was proper. Evidence — Witnesses—Party dead — Competency. 2. In such case the defendant was not a competent witness to establish the gift.