BASKET
v.
HASSELL

U.S. | 1883-04-16
108 U.S. 267 Supreme Court of the United States (1883) Caution
Also reported at: 27 L. Ed. 719 · 2 S. Ct. 634 · 1883 U.S. LEXIS 1033 · SCDB 1882-202
Cited by 6 cases
Opinion of the Court
Mr. Justice Matthews

Mr. Justice Matthews delivered the opinion of the court.

It is urged that the indorsement and delivery of the certificate of deposit, if void as a gift mortis cansa, 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 cmnexo, 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State of Fla. ex rel. John Nuveen v. Greer, 88 Fla. 249 (Fla. 1924)
    …have been sold for full value [*267] to bona fide holders. In such case there is an entire absence of valid authority to issue the bonds, and the holder is bound to notice of the invalidity of the statute. Lewis v. City of Shreveport, 108 U. S. 282, 2 Sup. Ct. Rep. 634; City of Parkersburg v. Brown, 106 U. S. 487, 1 Sup. Ct. Rep. 442; See Township of East Oakland v. Skinner, 94 U. S. 255; Town of South Ottawa v. Perkins, 94 U. S. 260; McClure v. Township of Oxford, 94 U. S. 429; 19 R. C. L. p. 1006. The decision…
  • Weinberger v. The Bd. of Pub. Instruction of St. Johns Cnty., 93 Fla. 470 (Fla. 1927)
    …xon County v. Field, 111 U. S. 83, 4 Sup. Ct. Rep. 315; Lake County v. Graham, 130 U. S. 674, 9 Sup. Ct. Rep. 654; L. R. A. 1915A 947, Note. Corporate ratification cannot supply a want of statutory power. Lewis v. City of Shreveport, 108 U. S. 282, 2 Sup. Ct. Rep. 634. Statutory validation cannot cure a violation of constitutional provisions in issuing bonds. Quaker City Nat. Bank v. Nolan County, 59 Fed. Rep. 660; Quaker City Nat. Bank v. Nolan County, 66 Fed. Rep. 883; Quaker City Nat. Bank v. Nolan County, 14…
  • Hoskins v. City of Orlando, 51 F.2d 901 (5th Cir. 1931)
    …64, 33 L. Ed. 887; City of Ottawa v. Carey, 108 U. S. 110, 2 S. Ct. 361, 27 L. Ed. 669. “The authority to purchase and hold property of all kinds relates only to such property as is needed for municipal purposes.” Lewis v. Shreveport, 108 U. S. 282, 2 S. Ct. 634, 635, 27 L. Ed. 728. The purchase of land for a golf course was disallowed, though the city had authority to establish parks and playgrounds, in Bradentown v. State, 88 Fla. 381, 102 So. 556, 36 A. L. R. 1297. A city having power to buy and own p…

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