Lavelle v. Melley

Citations

• 27 Pa. Super. 69
• 1905 Pa. Super. LEXIS 4

Syllabus

<p>Gift — Inter vivos — Evidence—Delivery—Question for jury — Witness— Party dead.</p> <p>In a contest to determine the ownership of money alleged to have been given by a decedent in his last illness to the plaintiff, decedent’s body servant, another domestic in the employ of decedent, testified that she saw decedent hand a vest to plaintiff and say: “Here Pat, take this and take the keys, and take the money in the trunk;” that upon plaintiff saying that he did not have the keys witness procured them, and handed them to the decedent who said: “Here Pat take the keys and take the money in the trunk.” Held, (1) that the question as to what decedent meant when he used the word “take” was for the jury; (2) that the question of the sufficiency of the delivery was for the jury; (3) that the plaintiff was not a competent witness.</p>