Basket v. Hassell, 108 U.S. 267 (1883)

U.S. Supreme Court

Basket v. Hassell, 108 U.S. 267 (1883) Basket v. Hassell

Decided April 16, 1883

108 U.S. 267

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF INDIANA

Syllabus

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 probate.

Motion for a rehearing. The case was decided at October term, 1882, and is reported 107 U. S. 107 U.S. 602.

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, is 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.