108 U.S. 267
2 S.Ct. 634
27 L.Ed. 719
HASSELL, Adm'r, etc.*
Filed April 16, 1883.
See S. C. ante, 415.
P. Phillips and W. Hallett Phillips, for petitioner.
[Argument of Counsel from pages 268-269 intentionally omitted]
djQ MATTHEWS, J.
It is now urged that the indorsement and delivery of the c
ertificate 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, (St. Tenn. 1871, §
2169; Suggett v. Kitchell, 6 Yerg. 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.