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Flint v. Pattee

Flint v. Pattee, Adm'r

Flint v. Pattee, 33 N.H. 520 (1856)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
July 15, 1856
Judges
Bell
Citations
33 N.H. 520
Cited by 1
Headnotes
A promissory note, made by a party in his last sickness, and in prospect of his approaching death, and delivered to the payee, to take effect after his decease, is not valid as a donatio causa mortis.
Summary
This was an appeal from the decision of the commissioner of insolvency on the estate of Adams Flint, disallowing a note, of which the following is a copy: uAntrim, December 13, 1853. For value received I promise to pay Nathaniel Flint, or his order, the sum of one thousand dollars, to be on demand and on interest, at my decease, and not before. Adams Flint.” Said Adams and Nathaniel Flint were brothers. At the time the note was given no money or property passed between the parties thereto, nor was the said Adams indebted to said Nathaniel for any thing, except about the sum of fifty dollars, for services in taking care of said Adams in his last sickness, which claim was presented to and allowed by said commissioner. But said note was given by said deceased when living, and during his last sickness, and in view of his approaching death, to said Nathaniel as a gift, in token of love and affection to his brother. Said Adams died on the 9th day of January, A. D. 1854. His estate is solvent. The parties agree that if the court shall be of opinion that said appellant is entitled to recover upon said note, judgment is to be rendered for the amount of said note and his costs ; otherwise for the appellee for his costs.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Bell

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Bell, J.

This question rests on authority. In favor of the position that a party in his last sickness and in expectation of his approaching death, may make a note without any consideration but his good will to the payee, and deliver it to take effect after his decease; and that such a note will be valid as a donatio causa mortis, are the following cases : Wright v. Wright, 1 Cow. 598 ; Jones v. Deyer, 16 Ala. 221 ; Coutant v. Schuyler, 1 Paige 317 ; Bowers v. Hurd, 10 Mass. 427 ; Woodbridge v. Spooner, 1 Chitt. 661; Seton v. Seton, 2 Bro. Ch. Ca. 610, and it was held that a bond given under like circumstances was valid. Wells v. Tucker, 3 Bin. 366 .

On the other side are the cases cited by the defendant’s counsel. Raymond v. Sellick, 10 Conn. 480 ; Holly v. Adams, 16 Vt. 206 ; Parish v. Stone, 14 Pick. 198 ; Craig v. Craig, 3 Barb. Ch. 76 ; Harris v. Clark, 2 Barb. S. C. 94; S. C., 3 Comst. 93, are directly in point, and decisive of the present state of the law as held in the neighboring States. With them agree Tate v. Hibbert, 4 Bro. Cha. Ca. 286; 2 Ves. jr. 111; *523 and Bouts v. Ellis, 21 E. L. & E. 337, where it is held that the check of the donor is effectual as a donatio causa mortis only where the money is paid before his decease.

The case of Copp v. Sawyer, 6 N. H. 386, is an express decision of the Superior Court upon the point, which has long been regarded and acted upon as the settled law of the State. It cannot now be departed from. There must, therefore, be Judgment for the defendant.

How later courts describe this case

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Cited by 1 case

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1972: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. Estate of Labombarde v. Commissioner58 T.C. 745 (Tax Ct. 1972)

Most recent

  1. Estate of Labombarde v. Commissioner58 T.C. 745 (Tax Ct. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 7

DepthCaseCited by
Craig v. Craig, 3 Barb. Ch. 76 (1848) 49
Raymond v. Sellick, 10 Conn. 480 (1835) 35
Craig v. Tucker, 3 Binn. 366 (1811) 33
Jones v. Deyer, 16 Ala. 221 (1849) 28
Holley v. Adams, 16 Vt. 206 (1844) 14
Bowers v. Hurd, 10 Mass. 427 (1813) 12
Wright v. Wright, 1 Cow. 598 (N.Y. Sup. Ct. 1823) 11

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