Scott v. Reed

Citations

• 153 Pa. 14
• 25 A. 604
• 1893 Pa. LEXIS 1039

Syllabus

<p>Gift — Evidence of gift of promissory note.</p> <p>Where an alleged donor has been surrounded during his last illness by the family and relatives of the alleged donee, and the claimant has had opportunities to obtain possession without title of the subject of the alleged gift, the proof in support of the claim ought to be clear and satisfactory upon every point essential to title by gift.</p> <p>In an action to recover the value of certain promissory notes, included in the inventory of the estate of a decedent, which notes plaintiff claimed had been given to her by decedent, it appeared that plaintiff with her husband and children lived in the house of decedent who was her uncle, and had charge of his personal effects, including the keys of his bureau in which he kept the notes in question. Two witnesses testified that they saw the decedent give some notes to plaintiff, and that he told her to keep them, that they were for her. One of the witnesses identified by name of the makers some of the notes given, but did not specifically identify any of the notes for which suit was brought. After the death of decedent plaintiff gave the keys of the bureau to one of the executors, who unlocked it and took the notes out.' Plaintiff made no claim to the notes at that time, but did claim the household goods. Held, that there was not sufficient evidence to sustain a gift.</p>