67 Conn. 78 | Conn. | 1895
Delivery of possession is essential to a donatio causa mortis ; and if the subject of the gift is a chose in action, there must be a delivery of evidences of the debt, oían assignment, or some act effective to vest the beneficial interest in the donee. Raymond v. Sellick, 10 Conn., 480, 484; Brown v. Brown, 18 id., 410, 416 ; Camp’s Appeal, 36 id., 88, 92.
The defendant proved nothing but declarations: “ I want you to have the money; I give my son all my money in the savings bank; I want him to have it and everything else.” Such declarations, whether oral or written, do not, of themselves, consummate a valid gift.
When Mrs. Reilly signed the writing in evidence, she did not transfer her savings bank account; her title and benficial interest remained unchanged. The declarations might prove an intent to make a gift causa mortis, as found by the trial
There is no error in the judgment of the Court of Common Pleas.
In this opinion the other judges concurred.
