Home > Journals > Michigan Law Review > MLR > Volume 34 > Issue 1 (1935)
Abstract
Decedent had lived with plaintiff and her parents. In 1932, after telling plaintiff's parents that he had some money in the bank, decedent said, "I got a will here . . . I understand I have got to have two signatures." Both parents, at his request, signed the instrument below.
"Dear Carlotta
"I give to you my money in Live Stock Bank.
"Hans Larsen
"April 16, 1932
"Witness: Michael C. Kelley
"Mamie V. Kelley."
Decedent put the instrument in his bank book and took it into the other room where plaintiff was sitting. He said, "Carlotta, I will give you this," and then he handed her the bank book with the instrument inside. He was in good health at the time the instrument was made but he died two months later. Plaintiff, having previously tried unsuccessfully to have the instrument probated as a will, sought in this action to recover the bank deposit on the basis of a gift. The supreme court reversed the decision of the lower court and held that there was a good gift. Henley v. Live Stock Nat. Bank, (Neb. 1934) 257 N. W. 244.
Recommended Citation
WILLS - GIFT'S - CONSTRUCTION OF INSTRUMENT,
34
Mich. L. Rev.
143
(1935).
Available at:
https://repository.law.umich.edu/mlr/vol34/iss1/26