Wilson v. . Featherston

Citations

• 320 S.E. 325
• 122 N.C. 747
• 1898 N.C. LEXIS 339

Syllabus

<p>Trial — Witness, Competency of — Transaction with Deceased Person — Gift—Delivery Essential to Gift.</p> <p>1. In an action by a widow against her daughter individually and as ad-ministratrix of the latter’s father to compel payment of the plaintiff’s share in the estate, the testimony of such defendant is incompetent under Section 590 of The Code to prove a conversation between the decedent and a third person. The testimony of such third person, who was a bailee of property in controversy at the time of the conversation, and is a party defendant to the action, assurety on the administration bond, is also incompetent under Section 590.</p> <p>2. Actual delivery and transfer of possession are essential to a gift of personal property, except where actual delivery is impossible or impracticable, in which case constructive delivery is allowable.</p> <p>3. The delivery' of a deposit book by a father to his daughter, with the expressed intention, at the time, of giving her the money and bonds which were referred to by memoranda in the book, is not a delivery of the money and bonds.</p>