Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-02-15
LAW AND THE LADY.
CASE OF IrTEREsr DECIDED BY THE
SUPREME cJURr YESTERDAY.
What Il Required 50 tho Way Of Delivery
10 Make q Gift Good snd
Valid

In the Supreme Court o. Appeals yester.
dsv Judge Lewis delivered The opinion 10
the ca.e oi Yancey'- Adminis,rator Va. Field
,And wife. as follows:
Ghis va. sn appeal from decree oi the
TTcuii Court Of Culpcper county rendered
ripon the p.tlilon % llcnry :. Field and Ed
MOI ia hie wiff hed in me ChanceTy cause OF
Nsarey ". Ficd. pending 10 the said court.
Th su,t was commenced By the late Jane.
y. Va. ccy f0r TIE settlement OF the estate Of
the iatr Jadre Kicaard n. Field. and In the
progress OF tho cause ihc piainu1 died. The
petition sot forth mot tbo said James L.
Yancev In bis lifetime wa creditor of the
estate. ~ evide ced ~ two bonds, one Tor
SlGSG and the other Tor sl2i. With interest
aad ifat shcN tine hefDre his death be
gsse 90 thc female pciiuonef. VINO was bis
niece, "tbo sad indebicdoess.'
wure ufa eoNns wgeg.
ii WIS al.o svorred That when TIE gi't was
made me bonds could not be delivered, as
fhev hsd been previously ticC @iiH The mss
ter c0muisunurf In me ssId sWt oi iucey
Sc. Fir.f. Ana fb~ PRAYER ~ the petition
no. that ne administrator ~ GsDcey be
made q .ierdant 20 the petition; that the
saM l,nd., ~ order ~ TIE Court. be en-
aar.,0 l0r tho 1enegl ~ 'he iemlic petition.
,r. aud ihst aii m0pfys payaoie on account
~ fl. same bc d.c.eed 70 De paid TO the peii-
tanerH.
Tuv Ayswrg.
Tlr administrator rn- Tercd The petition,
ds.s sir, tb1t ibc bona. ia question bad been
rsrr Al, The female prtiuoner. - alleged in
f.. o.. ton. and upon the issue thus made
te.Nm4ny Wo. tlk q.
'f-s Fifld ws. herself. bv consent. exam
fpel a.a witness, and l1 hcr deposition she
o. f.N lie
coy. deceased. 900 90 one time lived with
him: thai snc v8. win him N Tho time NJ
h. death. ud wp frequently with bin
during hi, ll.f ilInoss. slc aiso sait my
unc'. gave uc ilc amount ~ his dfDf
agaiu.f me csf1fr o' fine late JUDGE Fitid.
Ar1ut tao wrett before bis Ceath ho called
me GO him and said:
i want 10 so something TO- Won 10 help
Won md give YOU This debt against Judge
Field's estate. DON'T know what j. i4, bUt
vbltegcr uisf v1nt Won 10 have it.' lie
said wc were lifing ON Judge FIELDS lard
And ~ would n'd ~. iu gcitng part OF thc
land as a home
ANFIGHroB'a TESTIMONY.
A witness. George VI. Wood, 'e.hGed that
be we 2 ueighuor and fflsnd % decedcni,
and either saw or head from him every diY
OF rvcry other dav duriua ths last two weeks
before nis death; thai on one ~ t1'se occs-
fi0us. when 80 tbc house ~ tbe dcccdenL the
latter .n,d to him that ms days were NUM-
hered, a0d th9f be expected 90 live but
sbori time; THAT te held bond against Che
estate of Jud c Fiald, which he nad given
10 bi. niece. Nrs. Idmoun Field. hoping
that size might br enabled thereby 10 secure
90 hersclf portion o. the Field farm as
home.
Toere was also evidence tending to
show that the decedeut died free from
debt, and th0t his son and sole bcir at
law and distrihg'cr, !. ". y ncey, The ad-
miui-tr.t0r ani appellant here. was not only
present 81 the time the conversation between
il,c dccedcut and Mrs. Field above alluded
10 took place. hut thot after bis fathers
death hc mentioned 10 one or more oi the
vgituessos that the bonds IN qucition had
been given Dos hi. father 20 Mis- Field, snd
that be had carried into execution similar
gin made about ihe same time and under
similar circumstance by his iatncr TO
Young ladv. Nh0 Was a sister ~ Mrs. Field.
Wn.u the matter came ON 10 bc heard TIE
Circuit tOuit bv It's decree sustained the
validity of the Gin md decr,ed accordingly,
whereupon the administrator Obtained an APP
peal and superssdeaS.
Opinion Of the COUrt.
The decree spnc1et from is clearly erro'
neou. Tnls conclusion, however, mas been
reached not without reluctance. Had We
t,..,rtho,,iv fo evrci,ic ibe ALLEGED gili. or
., ,,,i.., ,.otls to civ. effect to the manifest
..t,,t,n ~ ~. de,cdcut 4, aid This WORTHY
tf, tb. female surpilcc. the court without
I,s,fqtlon would do SO. But we have no
fu.l authority. cur province is not 10
uah. lass tul to administer u, and We must
therefore,, decide This crs0 according io the
..rIrI lass as % s written, aud not pclmit
IlrI case 20 make bad law.
~" ''''' -"''
The appellee, themselves adnlt 'n lne pc
ii"n h'rN ~ u'u d" '"e 'V"'l "'''" ,"'
''rIt was no "'u''I' 'y 'u0 y''"'", ~
I1r ''hJ- lu lN'-""f' 'n' ,"l' w N-0' ~
decisive against lueW' "'''u'i tue '"., "'
viewed 300 iu' llthi o' 'De ifN''"''. "tI''y''
'' l' fhi i'''I ''t'' "l """,-.'' "."
r1i'd. lir A''l"'iu's u"""' u'N "''" '""1
io i'u"'r '' eu.,' 'u' '"o 'l,ut E'',u' -, |
."' 'n'.h' 'i ''"'''- '' , 49, az N'
io me d"n,'' n' "'"'' ''N,' NV, "'u'
sell oi .i doin'ul'n o',t u, al" Z ~, '''.'
ti't' '"''o u, "',,'., .....',,''i ~,
,..,,,,I t. i,,,.,v ar ~ equivalent
'".' ,v,,i.,,ta d,li,ets tbers
is mo romplc,e rift and. being without con-
sidcrltIou. % is not % contract 10 be exc.
cutsl IN short. % is q mere uulllty.
..,.......,....
Ihus in case who're luc donor lo.d hc' !
servant g. '1hc The hrNs Vi her diess'ue'cAse
aud deliver hcr watch ana trukct' Wn'ch 't /
contained to the TiMuiiii' aud ihc servant /
took tnr brYs hu' Kept iAnm ln hct pos~tssiol /
until the death oi urr mistress. 1t was held |
iy ~r John Nomt'N' u h.' lOh l''s ava nos /
con>'l uit good fut H..I''S ,d'N" ior want
90 sufficient delivery. -o"'d vs. Iit lNc'" /
1G, Bear 2il. la another case Tie donor |
short, before h0r Cd am spoke 10 ber son OF |
her nsuh-book. which nt tac time "as 10 her /
daughter '- Possession 90 another pinrc. and ln !
when WAS cnirrrd acredit Of .eVCral hundred |
dollars. aud told him to cot ijand 60 settle tho |
hiii>. and f auvtuius was lcit % divide it /
..,an lcr itlre cniarcu. II VAS held that I
fn., was n.ta suac.ent delivery 10 suS.
tain he eift Notwithstanding the book /
ua. oui o. fhr reach %. tae dcccdout, ard /
fartmt reason couid uo' be- actually deIiy-
cred when th. r.it ~as sought TO oe made,