McGovern v. O'Donnell

Citations

• 30 Del. 16
• 7 Boyce 16
• 102 A. 183
• 1917 Del. LEXIS 42

Syllabus

<p>1. Executors and Administrators—Collection of Assets—Possession of Indorsed Check—Prima Facie Right.</p> <p>In an administrator’s action against his decedent's niece for money received from the proceeds of a check payable to decedent, the court properly directed verdict for the niece, under evidence that decedent, after indorsing the check in blank, had delivered it to his niece, with whom he was living, that he and she went together to the bank, where the niece presented the ’check and received $50 in cash and $450 credit with the bank, and that decedent at the time was and had been drinking heavily and was suffering from alcholism, but capable of knowing the disposition he was making of his property; there being no evidence of any influence being used with him in the transaction, or that the niece acted as his agent at any time.</p> <p>2. Executors and Administrators—Collection of Assets—Evidence— Materiality.</p> <p>In such action, the court properly excluded as immaterial and irrelevant certain testimony of the niece in her previous suit in chancery, whereby the administrator sought to show that the niece testified that she did not receive a cent of her uncle’s money from the time he came to her house until the time of his death,</p>