Hall's Adm'x v. Hall's Adm'r
| Decision Date | 08 December 1911 |
| Parties | HALL'S ADM'X v. HALL'S ADM'R |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Mason County.
Action by James H. Hall's administrator against James H. Hall's administratrix. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
A. D. Cole, for appellant.
Worthington & Cochran, for appellee.
O'REAR, J.
Prior to his marriage to appellant, James H. Hall, of Maysville, gave her a large diamond, set in a heavy gold band as a finger ring. On account of the young lady's youth, her mother objected to her wearing or keeping the ring, and caused it to be returned to Mr. Hall. However, he gave it back to her, and finally wrote her, saying that he would not take it back again, but, if her mother persisted in her objection, he would wear it until they were married, when he would have the gem made into a brooch for her. They were married, but Mr. Hall lived only a short while afterward. This suit is by an administrator to recover the ring from the widow. The evidence shows the gift. That he wore it after the marriage is not enough to indicate that it was given back to him.
The suggestion is made that the letter mentioned referred to another ring. But all the evidence refutes this suggestion. The evidence is overwhelmingly in favor of appellant, and the judgment should have been rendered in accordance with it.
Reversed and remanded for judgment conforming hereto.
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Chipman's Adm'R v. Gerlach
...The nature of the article and the relationship of the parties are important factors in a case of this kind. Thus, in Hall's Adm'x v. Hall's Adm'r, 145 Ky. 751, 141 S.W. 70, a man had given a diamond ring to a girl to whom he was engaged, but it had been returned to him because her mother ha......
- Chipman's Adm'r v. Gerlach