Sullivan v. Hess

Citations

• 241 Pa. 407
• 88 A. 544
• 1913 Pa. LEXIS 798

Syllabus

<p>Corporations — Stock certificates — Parol'gift—Gifts inter vivos —Equity—Findings of fact — Cross bill — Decree.</p> <p>1. To constitute a valid gift inter vivos two essential elements must combine; an intention to make the gift then and there, and such an actual or constructive delivery at the same time to the donee as divests the donor of all dominion over the subject, and invests the donee therewith. The burden of proof is upon the one who claims the benefit of a gift inter vivos, and the proof must be clear and satisfactory.</p> <p>2. Findings of fact of a court of equity, in the absence of manifest error, will not be reversed, especially where the findings depend in large degree upon the credibility of the witnesses.</p> <p>3. Upon a contest between the administratrix of a decedent and decedent’s brother and sister, upon bill and cross bill in equity, to determine whether certain shares of stock in a corporation belonged to the decedent or to the sister or in part to the brother, a finding of fact of the court below to the effect that a portion of the stock had been placed in the name of the decedent by the brother to give him control of the company, based upon competent evidence to this effect and not contradicted by anyone interested in the result, and a further finding that the certificate for the said stock, which was in the possession of the sister, had been delivered to her merely for safe keeping, upon competent evidence supporting this view was sustained and a decree awarding the part of the stock belonging to the decedent’s estate to the administratrix and the other part to the brother was affirmed.</p>