Hart v. Ketchum

Citations

• 121 Cal. 426
• 53 P. 931
• 1898 Cal. LEXIS 926

Syllabus

<p>Diet Causa Mobtis—Deposit in Savings Bank—Agency.—In order that money deposited in a savings hank may be the subject of a gift causa mortis, the delivery to the donee of the means of obtaining the money must he as a gift ira presentí, conferring upon the donee a present title and property in the thing given, and not for the purpose of making a future disposal of it under the directions of the donor. If the donee is merely empowered to draw the money, and is thereafter to dispose of it in accordance with instructions from the donor, he is only an agent of the donor, and his agency terminates with the death of the latter.</p> <p>In.—Titls Remaining in Donob.—Unless the property in the thing given vests in the donee, it remains in the donor; and a mere purpose on his part to make a future gift is incapable of enforcement. It is the delivery by the donor with intent at that time to vest title, and not the possession by the donee, that makes the gift effective.</p> <p>Id.—Absolute Gift—Condition—Testamentary Disposal—Estate of Deceased Donob.—The law requires a gift causa mortis to he absolute at the time it is given, but adds to it the condition that it may be revoked at the will of the donor, and that it is revoked by his recovery; but if by the terms of the gift it is not to take effect until after the death of the donor, the disposal is testamentary and not a gift, and the thing given is a portion of the estate of the deceased donor at the time of his death.</p> <p>Id.—Direction to Pay Debts of Donob.—A direction by the donor to the donee to pay certain debts of the donor is inconsistent with an intention to make a gift of the money to the donee.</p> <p>Id.—Charitable Gift—Selection of Institution.—A charitable gift was not consummated by the donor by reason of his having designated the amount intended to be given, where he expressly left it to the person drawing the money to select the institution to which the money was to be given, and no such selection was made