108 U.S. 267 - Basket v. Hassell
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.
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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.
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
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appointed previously, as in case of intestacy, to whom the decree
in this case awarded it. The petition is, therefore, denied.