Rosenau v. Merchants Nat. Bank

5 Citing cases

  1. Harris v. Erickson

    77 N.D. 69 (N.D. 1949)   Cited 5 times

    A gift causa mortis is not an asset of the estate, except as needed for debts. 21 Am Jur 191; Rosenau v. Merchants Bank, 56 N.D. 123, 216 N.W. 335. A gift causa mortis does not vest in the administrator but is subject to the rights of creditors and representative may recover it if it is needed for the payment of donor's debts.

  2. Larkin v. McCabe

    211 Minn. 11 (Minn. 1941)   Cited 12 times

    A direction to deliver at death definitely fixes the time of delivery when that event occurs, as it inevitably must. Innes v. Potter, 130 Minn. 320, 153 N.W. 604, 3 A.L.R. 896, supra; McDonald v. Larson, 142 Minn. 244, 171 N.W. 811; Nelson v. Olson, 108 Minn. 109, 121 N.W. 609; Rosenau v. Merchants Nat. Bank, 56 N.D. 123, 216 N.W. 335, 60 A.L.R. 1040. 6.

  3. Funeral Home v. Hinton

    119 W. Va. 609 (W. Va. 1938)   Cited 5 times
    In Meadows, the decedent was taken to a hospital where she told her sister-in-law that, if anything happened to her, she wanted her relative "Vera" to have her ring. Decedent's sister-in-law gave the ring to her husband, C.M. Hinton, who was both decedent's brother and the administrator of decedent's estate.

    g donor's lifetime, is indispensable to a gift causa mortis ( Waugh v. Richardson, 107 W. Va. 43, 147 S.E. 17; Claytor v. Pierson, 55 W. Va. 167, 172, 46 S.E. 935; Smith v. Zumbro, 41 W. Va. 623, 24 S.E. 653; Board v. Callihan, 33 W. Va. 209, 10 S.E. 382; Dickeschied v. Exchange Bank, 28 W. Va. 340; Miller v. Jeffress, 4 Gratt. 472, 45 Va. 472), the fact that Miss Hinton died prior to the actual delivery of the ring to the donee did not defeat the gift, for the law will presume, in the absence of countervailing circumstances, that Hinton received the same as the donee's agent. Johnson v. Colley, 101 Va. 414, 44 S.E. 721, 99 Am. St. Rep. 884; Innes, Adm'r. v. Potter, 130 Minn. 320, 153 N.W. 604, 3 A.L.R. 896, note 902; Varley v. Sims, 100 Minn. 331, 111 N.W. 269, 8 L.R.A. (N.S.) 828, 117 Am. St. Rep. 694, 10 Ann. Cas. 473; Noble v. Garden, 146 Cal. 225, 79 P. 883, 2 Am. Eng. Ann. Cas., 1001, 1003; In re Hanson's Estate, 205 Iowa 766, 218 N.W. 308; Beck v. Hall (Mo.App.), 211 S.W. 127; Rosenau v. Merchants' Nat. Bank, 56 N.D. 123, 216 N.W. 355, 60 A.L.R. 1040, note 1059; In Re White's Estate, 129 Wn. 544, 225 P. 415; 12 R. C. L. 959. It thus appears that all the elements of a gift causa mortis are present. Dickeschied v. Bank, supra; Waugh v. Richardson, supra. Such gifts, in the absence of fraud and undue influence, are perfectly valid, provided the rights of creditors are not affected. Yancey v. Field, 85 Va. 756, 8 S.E. 721; Basket v. Hassell, 107 U.S. 602, 609, 2 Sup. Ct. 415, 27 L.Ed. 500; Emery v. Clough, 63 N.H. 552, 554, 4 A. 796, 56 Am. Rep. 543; Gaunt Wife v. Tucker's Ex'rs., 18 Ala. 27, 31; Raymond v. Sellick, et al., 10 Conn. 480, 485; Pierce v. Boston Five Cents Savings Bank, 129 Mass. 425, 37 Am. Rep. 371; Chase v. Redding, 13 Gray (Mass.) 418; Baber v. Caples, 71 Or. 212, 138 P. 472, 475, Ann. Cas. 1916 C, 1025; Seybold v. Grand Forks Nat. Bank, 5 N.D. 460, 67 N.W. 682.

  4. First Nat. Bank T. Co. v. Green

    262 N.W. 596 (N.D. 1935)   Cited 5 times

    A completed gift inter vivos is a transfer of property made voluntarily and without consideration effective immediately and irrevocably on an unconditional delivery, actual or symbolical, having regard to the circumstances and the nature of the property. Article 3, chapter 48 of the Civil Code, Comp. Laws 1913, ยงยง 5538-5545; Arnegaard v. Arnegaard, 7 N.D. 475, 75 N.W. 797, 41 L.R.A. 258; Luther v. Hunter, 7 N.D. 544, 75 N.W. 916; O'Brien v. O'Brien, 19 N.D. 713, 125 N.W. 307; Magoffin v. Watros, 45 N.D. 406, 178 N.W. 134; Ramsdell v. Warner, 48 N.D. 96, 183 N.W. 281; Reel v. Hansboro State Bank, 52 N.D. 182, 201 N.W. 861; Rosenau v. Merchants Nat. Bank, 56 N.D. 123, 216 N.W. 335, 60 A.L.R. 1040; McGillivray v. First Nat. Bank, 56 N.D. 152, 217 N.W. 150; Perry v. Erdelt, 59 N.D. 741, 231 N.W. 888. The cases of Reel v. Hansboro State Bank, 52 N.D. 182, 201 N.W. 861, supra, and McGillivray v. First Nat. Bank, 56 N.D. 152, 217 N.W. 150, supra, are similar to the instant case in that both grow out of bank deposits. In the Reel Case, through oversight, (the intention being to have the same made payable to Reel, the depositor retaining the right to the interest) a certificate of deposit was made payable to the depositor, the decedent, and we held that there was no gift but that a trust was established in Reel's favor.

  5. Zuber v. Erickson

    58 N.D. 322 (N.D. 1929)   Cited 1 times

    It is the delivery which is necessary to constitute the transfer and the lack of endorsement may increase the difficulty of proof but the gift is the gift of the maker represented by the endorsements, and therefore it is not essential to have the endorsement. This is the holding of this court in the case of Rosenau v. Merchants Bank, 56 N.D. 123, 60 A.L.R. 1040, 216 N.W. 335, where we held "a certificate of deposit payable to a designated payee or order and not indorsed may be the subject of a gift causa mortis." See also Chase v. Redding, 13 Gray, 418; Parish v. Stone, 14 Pick. 203, 25 Am. Dec. 378.