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66 Ark. 299

Williams v. Smith

Supreme Court of Arkansas

Decided March 25, 1899

Supreme Court of Arkansas · decided 1899-03-25

Hance N. Hutton, Judge. STATEMENT BY THE COURT, The appellee as administrator of the estate of Martha Teer, who was the deceased wife of Manuel Teer, of whose will the appellants were executors, presented to the probate court, for allowance against the estate of Manuel Teer, a claim in favor of Martha Teer for $700, which was allowed by the probate court. The executors of the will of Manuel.

Relies on Minor v. Rogers · Nolen v. Harden · Howard v. Windham County Savings Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1899-03-25

How this case has been cited

Cited by 27 later decisions — most recently June 1992 · most notably First National Bank v. Connolly (1942), Goelz v. People's Savings Bank (1903)

3 federal appellate · 20 state decisions

6018991900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hughes, J.,

¶1(after stating the facts.) The evidence in this ease seems to us to clearly show that Manuel Teer made to his wife, Martha Teer, a gift of $700 in their lifetime, and that she was informed of it and accepted it. The money was delivered to J. E. & W. H. Lightle, with whom she had an account, by her husband, who had the amount placed to her credit. What more could be required to constitute a valid gift from a husband to his wife ? The delivery an d the gif t of the money were complete, and could not be revoked. “If the gift be intended in presentí, and be accompanied with such delivery as the nature of the property will admit, and the circumstances and situation of the parties render reasonably possible, it operates at once, and, as between the parties, becomes irrevocable. Such delivery may be made to a bailee as effectually as to1 a donee in person. If there be only an intention to give, and no delivery, it will be inchoate and incomplete, however strong the expression of the intention may be; and the property does not pass. One is bound by his acts, but without consideration he is not bound to carry out his voluntary intentions, however firmly or earnestly he may express them.” Nolen v. Harden, 43 Ark. 319, 320; Ammon v. Martin, 59 Ark. 194; Howard v. Savings Bank, 40 Vt. 598; Minor v. Rogers, 40 Conn. 518.

¶2The evidence in this ease is sufficient to sustain the findings of the court, and the law is with the appellee.

¶3The judgment is affirmed.

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