IN RE COHN
187 A.D. 392, 176 N.Y.S. 225 (1919)
NATURE OF THE CASE: This was an appeal from a finding of a valid gift, which judicially
settled the accounts of respondent, the executrix of a last will and testament and trustees
under the will.
FACTS: Cohn (H) gave his wife 500 shares of stock for her birthday. H delivered the
writing in front of the entire family, but died six days after the gift and before actually
delivering the stock certificates. The delivery of the writing was witnessed by two of H's
daughters. The delay in the actual delivery of the stock resulted from the fact that the
certificates were in the name of H's business, which had been recently dissolved due to the
death of his partner. H had agreed to enter into a new partnership agreement and to use some
of his shares as an asset of the new partnership. The agreement for the new partnership was
prepared and was to be signed the day H died. The trial court held that the writing was a
valid gift of the stock. That decision was appealed: H intended to make a gift in the future
instead of the present.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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