Swift v. San Francisco Stock & Exchange Board

Citations

• 67 Cal. 567
• 8 P. 94
• 1885 Cal. LEXIS 696

Syllabus

<p>Unincobpobated Association—San Fbancisco Stock and Exchange Boabd— Constitution of Constbued—Donation upon Death of Mejibeb—Action to Becoteb. —Tlio defendant is a voluntary unincorporated association. Its constitution provides in effect for the creation of a trust fund, from which, upon the death of a member, a payment of 810,000 is directed to be made to such person or objects as ho might have designated in writing, or if no written disposition was made by him, then to certain specified persons. It further provides that the payment should be deemed an absolute donation to the payee, free from all other claim or control. Held, that eucli donation formed no part of the estate of a deceased member, and that his personal representatives could not maintain an action to recover it.</p>