Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-01-06

nary gifts In the popular sense. The fenssS6'
rule u that oil words In statute are 70 pe rs.1
In tho popular, natural, and ordinary sense, uns
less they appear 70 be used 10 dinescns ssnsss
rHE DELIVERY.
Il viii be remembered that the claim oi
the plaintiff was that Mr.. Thomas. on ms
deafh-bed, delivered to her the keys OF the
box containing his deeds and valuable pc.
pers, which were deposited in Q vault q
the Planters National Bank, and also tne
key to his iron safe at Drewry a. Co; 2,
together with number OF negouapse
notes that he had in possession at ms nouse
at the time.
The Judge further held that this was Q
sufficient delivery to perfect the g1ft as
claimed that 1t was the best delivery OF
which the things sought to be gwen
ct the time and under the circumstances
surrounding him capable of being MADE:
He cited numerous authorities IN suppois
of this view. discussing at length the wnoie
line of authorities touching upon tnis
branch of the case. and says:
"Taking into consideration the situation y
the parties and the surrounding circumstences.
the nature and situation Of tho things 70 ~
given at the time OF the gift and the apprenen'
sion OF death under which Thomas was laboiins'
10 reason could DO required OF him. Tne kess
were appropriate instruments for obtaining ~ ~
session OF the property given, and l think ~ y
gift and delivery OF these keys was suneions - -
satisfy all the rational rules on the seo]ec,M ~ y.
delivery, and that the plaintiff 10 entitled 70 tns
property contained In the tin box In the DANE
vault ami In the iron SAFE"
NEARLY THE ENTIRE ESTATE.
1t was claimed by the defendants that the
gift was void because IL disposed of nearly
the entire estate of the decedent. Judge
Leake did not sustain this view, and said'
"The only direct authority TO sustain II Wa
the case Of Headley "a. Kirby, Eighteenth renu.
syIvania--a case which has been criticised IL no,
overruled In Kitchener "a. Dale, Twenfy'mir'
Pennsylvania"
Concluding his discussion on this cues
tion the Judge said:
81 am OF opinion that the courts In virginia
cannot impose any limit upon the smount y
property given In this way In the absence OF ie-
gisiation on the subject"
MONEY IN BANK.
The handbook representing $4,000 vas
the last question discussed in the elabo-
rate and learned opinion from which the
abstracts above are taken. and the Judge
entered in detail into the. distinction
which the courts have drawn between the
pass-book of the savings bank and the de-
posit-b book of the original bank OF deposit,
and after quoting numerous authorities nc
concludes:
"In no case that have seen has gift o.
mere credit and mere open account due 70 lhe
donor been held valid. The delivery OF the pass
book In no manner took from the donor his con.
troll over the fund and the possession OF tne
pass-boo would not confer upon the holder any
permission OF ownerfhip. am OF opinion: ru
certainly not without doubts. that the gut Oh the
bank-book In this caJe Is invalid and Yoio as
giftof the funds In bank
THE EFFECT
The effect of this decision is that Bette
Thomas Lewis is declared to be entitled &c
something over 5000, 900 out of the estate o.
William A. Thomas. The heirs at law nave
already received the proceeds of the sale Of
his real estate. aggregating about S15, ZOO OF
900. 900. and will by this decision be en-
titled to pro rata distribution OF nearly
900 900 unless it shall be decreed that nj
fhe EXPENSES. commissions of curators
etc, are to be paid by them, In whict
event very little of the money IN bani
would pass into their hands.
TO TAKE AN APPEAL.
After the reading of the opinion Judge
Staples, of counsel for the heirs at law
asked for suspending order for the perlot
of sixty DAYS in order to apply to the Su
preme Court of Appeals for writ OF erro,l
and supersedeas, which order was entered
The following counsel were present
representing the interested parties in the
case Colonel W. w. Gordon. Christian 4
Christian, Judge Edmund Waddill, and
Mr.. Edgar Allan for Bette Thomas Lewis
and Judge Staples and Nj. nj. Gillian
Esq.,, for the heirs at law. Ex-Judge Il. q
Burks, of Bedford, is also counsel for the
plaintiff, as are Mr.. Il. B. Munford. OF this
city; ex-Judge William j.. Robertson, OF
Charlottesville; Peatross q Harris, anc
Green 4 Miller, of Danville.