Succession of Zacharie

Citations

• 119 La. 150
• 43 So. 988
• 1907 La. LEXIS 449

Syllabus

<p>1. Gifts — Movables—Delivery—Acceptance.</p> <p>The manual gift — that is, the giving of corporeal movable effects, accompanied by a real delivery — is not subject to any formality. Civ. Code, art. 1539. If the donation has been executed by delivery, it has full effect, though not accepted in express terms. Civ. Code, art. 1541.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. VOL 24, Gifts, §§ 4, 18.]</p> <p>2. Same — Delivery.</p> <p>Where the decedent, an old bachelor of means, caused a certain sum of money to be deposited in a savings bank to the credit of his two dependent sisters, living with him, the delivery to the bank was a delivery to the sisters, and the donation had full effect eo instante.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 24, Gifts, § 53.]</p> <p>3. Same — Evidence oe Intent.</p> <p>While no one is presumed to give, the intention to give may be inferred from the relation of the parties and from all the facts and circumstances of the case.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 24, Gifts, § 83.]</p> <p>4. Evidence — Weight and SumrciENCT — Parol Evidence.</p> <p>While parol proof of the admissions and declarations of a decedent is the weakest species of evidence, it is entitled to consideration, when corroborated by contemporaneous written memoranda and the action and conduct of the deceased relative to the subject-matter at issue.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 20, Evidence, §§ 1050, 1167J</p> <p>(Syllabus by the Court.)</p>