Hunt v. Hunt

119 Mass. 474, 1876 Mass. LEXIS 61

Opinion

By the Court.

The ruling that, even if the testator intended to make a gift to the defendant of the bond in the possession of the latter, the evidence in the case was insufficient as matter of law to prove such delivery as was necessary to constitute a valid gift inter vivas, was erroneous. The question whether there was such delivery was a matter of fact, which should have been tried in the court below. Exceptions sustained.