Yancey v. Field
Citations
- 85 Va. 756
- 8 S.E. 721
- 1889 Va. LEXIS 88
Syllabus
<p>1. Gifts—Donatio causa mortis—Delivery.—To render a gift effectual, the thing given, or the means of obtaining it, must be delivered by the donor to the donee, or to his agent, and accepted by him, and this is true, whether it be intended as a gift inter vivos, or a gift mortis causa.</p> <p>2. Idem—Previous possession.—Nor will previous possession of the thing given suffice, delivery by the donor being essential.</p> <p>3. Idem—Donor's declaration—Executor.—It is well settled that donor’s declaration that he had given the thing in question, will not perfect a gift incomplete for want of delivery. Nor will the subsequent recognition of the gift by the donor’s executor avail.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a transaction is not valid as a gift if delivery is absent “and, being without consideration, it is not a contract to be executed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lewis
Read full opinion on CourtListenerCited by
9 cases in this archive cite this case.
- Allen-West Commission Co. v. GrumblesEighth Circuit· 1904-04-08· cited 76×
- Thomas' Adm'r v. LewisSupreme Court of Virginia· 1892-06-16· cited 59×
- Knight v. TrippCalifornia Supreme Court· 1898-08-23· cited 46×
- Atchley v. RimmerTennessee Supreme Court· 1923-09-15· cited 40×
- Chambers v. McCreeryFourth Circuit· 1901-02-07· cited 24×
- Thomas v. First National BankSupreme Court of Virginia· 1936-06-11· cited 13×
- Thomas Haynesworth v. Commonwealth of VirginiaCourt of Appeals of Virginia· 2011-12-06· cited 2×
- Sadler v. Garrett (In re Garrett)E.D. Virginia· 1984-12-17· cited 2×
- Day v. MCC Acquisition, LCSupreme Court of Virginia· 2020-10-15
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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