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Baxter v. Gillen

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1917
179 App. Div. 902 (N.Y. App. Div. 1917)

Summary

In Baxter v. Gillen (179 App. Div. 902) it was stated: "It is settled in New York that delivery of a savings bank book with the intent to pass title is a consummated gift. (Ridden v. Thrall, 125 N.Y. 572; 12 R.C.L. `Gifts,' § 23.)

Summary of this case from Shumsky v. Dime Sav. Bank, Bklyn

Opinion

June, 1917.


It is settled in New York that delivery of a savings bank book with the intent to pass title is a consummated gift. ( Ridden v. Thrall, 125 N.Y. 572; 12 R.C.L. "Gifts," § 23.) This was not given on condition of a future marriage. (See Williamson v. Johnson, 9 L.R.A. 277; 62 Vt. 378.) Plaintiff was entitled to a finding of a gift consummated on March 19, 1916. The judgment is, therefore, reversed, with costs to the appellant, and directions to enter a decree for the plaintiff, with costs, upon findings to be settled in the order of reversal, on notice. Jenks, P.J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.


Summaries of

Baxter v. Gillen

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1917
179 App. Div. 902 (N.Y. App. Div. 1917)

In Baxter v. Gillen (179 App. Div. 902) it was stated: "It is settled in New York that delivery of a savings bank book with the intent to pass title is a consummated gift. (Ridden v. Thrall, 125 N.Y. 572; 12 R.C.L. `Gifts,' § 23.)

Summary of this case from Shumsky v. Dime Sav. Bank, Bklyn
Case details for

Baxter v. Gillen

Case Details

Full title:KATHLEEN BAXTER (Formerly KATHLEEN O'NEIL), Appellant, v. ADELINE T…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1917

Citations

179 App. Div. 902 (N.Y. App. Div. 1917)

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