Carradine v. Estate of Carradine

Citations

• 58 Miss. 286

Syllabus

<p>1. G-iit. Of personal property. Delivery. Case in ¡judgment.</p> <p>In 1863, B. 0. and W. 0., brothers, buried a certain sum in silver dollars, belonging to them equally. W. 0. died soon after the civil war, and 0. C became his executor-. In 1876, B. 0., who was old and unmarried, told C. 0. that he wanted his brother T. 0. to have his portion of the buried treasure, and that after his death it must be dug up and equally divided between T. C. and himself as executor. B. 0. made the same statement and direction to T. 0. But afterwards B. C. and 0. 0. concluded to disinter the money, without waiting for the death of the former. They sent for T. 0., and he and 0. 0. made search for the money, which was in two boxes, one of which they found readily, but failed to find the other until they had brought B. 0. to the scene and received his directions. Both boxes were carried to the house jointly occupied by B. 0. and 0. C., near by. Six days thereafter B. 0. died, and on the day after his burial the money was equally divided between 0. 0. and T. 0. Some of the heirs of B. C., but not 0. 0., contended that there was not such a delivery to T. 0. as to pass to him the title of the money thus received. Beld, that the sending for T. 0., the direction to dig up the money, the identification of the place where it was to be found, the disinterment in obedience to the directions, and the nominal possession of it by T. 0. in its transportation to the house, constituted a delivery and perfected the gift.</p> <p>2. Same. Property in possession of third person. Donatio causa moi'tis.</p> <p>Even if the gift in the case above stated was not good as a donatio inter vivos, because the subject of it was left in the possession of C. 0., it became effectual, as a donation causa mortis by being left with him for T. 0., and by the death of the donor without a revocation.</p> <p>3. Same. Delivery of property. Preceding or succeeding words of donation.</p> <p>Though the delivery of personal pr