Ashbrook v. Ryon's Adm'r

• Decision Date: 20 September 1867
• Citation: 65 Ky. 228
• Parties: Ashbrook v. Ryon's adm'r. Crutcher v. Ryon's adm'r. Murphy and wife v. Ryon's adm'r.
• Court: Kentucky Court of Appeals

65 Ky. 228

Ashbrook v. Ryon's adm'r.

Crutcher v. Ryon's adm'r.

Murphy and wife v. Ryon's adm'r.

Court of Appeals of Kentucky.

September 20, 1867

The delivery of promissory notes given causa mortis passes the beneficial interest therein to the donee. ( Turpin vs. Thompson, & c., 2 Met., 420.) But money in bank does not pass by the delivery of the pass-book.

APPEAL FROM HARRISON CIRCUIT COURT.

A. H WARD, For Appellants.

W. W TRIMBLE, For Appellee,

CITED--

Williams on Executors, title " Causa Mortis. "

A. J JAMES, On same side.

OPINION

WILLIAMS JUDGE.

These cases were heard together in the court below, and are here on the same record. They involve the same questions, and the rights of the parties are connected; therefore, we will consider them together, without reference to whether a formal order of consolidation was made.

Dennis Ryon died without issue or even collateral kindred in the United States, at the house of John Murphy, after severe and offensive sickness, in which Mrs. Murphy attended him with all the assiduity inspired by maternal affection. Being told by his physician that his illness would likely terminate fatally, after expressing some hope of recovery, he stated that if he recovered he intended that Mrs. Murphy should have a home, and if he died, he wanted her to have all his estate. That such was his desire in view of his approaching dissolution is well established.

Murphy and wife claim, that, but a few days before his death, he delivered his pass-book, in which an entry was made of a deposit of something over five hundred dollars in the Cynthiana Bank, and that in said pass-book were the notes now in controversy; and that he then gave these notes and the deposit to Mrs. Murphy should he never recover. Dr. Williams states, that, on the same day, Ryon told him he wanted Mrs. Murphy to have all his estate in case he died. She showed him the pass-book and several notes on different persons, and told him Ryon had given them to her for her kindness, and that she would not then be more than half paid.

Her minor son proves the gift and delivery. It is true that there are, as is usual, some difference in the statements of these various witnesses as to minor facts; but, instead of this impairing the value of their evidence on the main facts, goes to preclude the idea that the evidence was manufactured.

We regard it as sufficiently established that Dennis Ryon, in...