Gilpin v. Chandler

Citations

• 2 Del. Ch. 219

Syllabus

<p>A decedent having, in his lifetime, held certain securities which after his death were not found among his papers, a party alleging their destruction or cancellation by the decedent is bound to prove the fact to the satisfaction of the Court. The absence of the papers raises no presumption of such destruction or cancellation; nor is mere proof of an intention to destroy or cancel, or of the declaration of such intention, alone sufficient.</p> <p>A decedent held in his lifetime certain securities, to the amount of $1000, given for property conveyed to the separate use of- his wife. He was at the same time indebted to her for money loaned him out of her separate estate, amounting, with interest, to about the like sum. After making his will, in order to satisfy her with its provisions, he had promised that the securities should not be enforced. The securities were not found among his papers after his death. Held, sufficient proof that he had voluntarily destroyed them.</p>