OpenJurist

108 US 267 Basket v. Hassell

108 U.S. 267

2 S.Ct. 634

27 L.Ed. 719

BASKET
v.
HASSELL, Adm'r, etc.*

Filed April 16, 1883.

*

See S. C. ante, 415.

[268]

P. Phillips and W. Hallett Phillips, for petitioner.

[Argument of Counsel from pages 268-269 intentionally omitted]

[269]

djQ MATTHEWS, J.

1

It is now urged that the indorsement and delivery of the c

ertificate of deposit, if void as a gift mortis causa, is

2

nevertheless good as a will of personalty under the laws of

3

Tennessee, and, passing the title as such, entitled the appellant

4

to a decree for the payment of the money. But the conclusion is

5

not justified by the assumption, for a will of personalty in

6

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

7

appointed previously, as in case of intestacy, to whom the decree

8

in this case awarded it. The petition is, therefore, denied.