Knight v. Tripp

Citations

• 5 Cal. Unrep. 735
• 49 P. 838
• 1897 Cal. LEXIS 989

Syllabus

<p>Grift.—A Person About to Undergo a Surgical Operation, the result of which was uncertain, transferred all her property to defendant, the real estate being conveyed by deed in due form, and the personal property, consisting of furniture, notes, clothing, etc., being transferred by a bill of sale, but no physical change in possession taking place. The intention was that the property should be used for the donor’s benefit, and remain in her possession during her life, and, in the event of her death from the operation, defendant was to distribute it according to the directions of an unsigned written memorandum. Held, the donor having retained possession, and the right to expend as much of the personalty as she might need during her life, that the transaction was void as a gift.1</p> <p>Gift.—An Administrator Seeking to Recover Personal Property of deceased, held by a transferee under color of title by gift, need not make a demand therefor before instituting suit.</p>