Basket v. Hassell

delivered the opinion of the court.

It is urged that the indorsement and delivery of the certificate of deposit, if void as a gift mortis cansa, is nevertheless good as a will of personalty under the laws of Tennessee, and, passing the title as such, entitled the appellant to a decree for the payment of the money.

But the conclusion is not justified by the assumption, for a will of personalty in Tennessee does not take effect until probate (Statutes of Tennessee, 1871, § 2169; Suggett v. Kitchell, 6 Yerger, 425); and, until probate and the appointment of an executor or an administrator cum testamento cmnexo, the title to the fund passes to the administrator appointed previously, as in case of intestacy, to whom the decree in this case awarded it.

The petition is therefore denied.