Bishop v. Leonard

Citations

• 123 F. 981
• 1902 U.S. App. LEXIS 4738

Syllabus

<p>1. Gifts—Suit to Recover Property—Who may Maintain.</p> <p>An executed gift, even though procured through undue influence, or made by one mentally incompetent,- is voidable only, and passes title to the property to the donee, where It remains until a disaffirmance by the donor, or possibly by his executor after his death; and, where there has been no disaffirmance either by the donor during his lifetime or by his executor, his heirs at law have no standing to maintain a suit in equity to recover the property or its proceeds, nor can they be vested by any action of the executor with the right of disaffirmance.</p> <p>¶ 1. Revocation of gifts causa mortis, see note to Castle v. Persons, 54 C. C. A. 143.</p> <p>“2. Same.</p> <p>A compromise agreement entered into between the executor and beneficiaries under the will of a testatrix on one side and her heirs at law on the other, by which one-half of the “property belonging to the estate” of the decedent, in kind or otherwise, was to be turned over and conveyed to the heirs, vests them with no right to sue for the recovery of property which was delivered by the decedent in her lifetime to another as a gift.</p>