Trenholm v. Morgan

Citations

• 28 S.C. 268
• 5 S.E. 721
• 1888 S.C. LEXIS 51

Syllabus

<p>1. It would seem, that where a bond is intended to be disposed of as a donatio causa mortis, but no assignment is made, the legal title remains in the 'executor, and the rights of the donee can be enforced only by an action in equity; and in equity cases a jury trial cannot be demanded as of right.</p> <p>2. Where a person, entitled to specific personal property in the hands of an executor which the executor treats as a part of the estate submitted to the court for settlement, answers the complaint and agrees to an order referring it to the master “to inquire and report upon all the issues of law and fact involved in the pleadings,” he thereby waives any right that he may have previously had to a trial by jury of his title to such property.</p> <p>3. A donatio causa mortis defined, and the character of the evidence necessary to establish it stated.</p> <p>4. A lady on her death-bed handed to her daughter a written unsigned memorandum expressing her wishes as to the disposition of certain bonds and other personalty to M., saying, “That is my will- — that is what I want done ’ ; and again, pointing to a drawer, “There are the papers — I want you to take charge of them,” and this daughter, after-wards, but in her mother’s life-time, did possess herself of a box in this drawer containing the bonds referred to in the memorandum. This memorandum declared that the interest on these bonds was to be held for M. “to do as she pleases, but not the principal- — -that is to be held intact.” Held, that neither the property mentioned in the memorandum nor the bonds in the box could be sustained as a donatio causa mortis to M.</p>