The attempted transfer of a certificate of deposit on the
donor's death-bed, reported in Basket v. Hassell,
107 U. S. 602
cannot be enforced here as a will of personalty, because such will
does not take effect under the statutes of Tennessee until
Motion for a rehearing. The case was decided at October term,
1882, and is reported 107 U. S. 107
Page 108 U. S. 269
MR. JUSTICE MATTHEWS delivered the opinion of the Court.
It is now urged that the endorsement and delivery of the
certificate of deposit, if void as a gift mortis causa,
nevertheless good as a will of personalty under the laws of
Tennessee, and, passing the title as such, entitled the appellant
to a decree for the payment of the money.
But the conclusion is not justified by the assumption, for a
will of personalty in Tennessee does not take effect until probate,
Statutes of Tennessee, 1871, § 2169; Suggett v. Kitchell,
6 Yerger 425; and until probate, and the appointment of an executor
or an administrator cum testamento annexo,
the title to
the fund passes to the administrator appointed previously, as in
case of intestacy, to whom the decree in this case awarded it.
The petition is therefore denied.