In re estate of Clerke

Hamilton County Probate Court

In re estate of Clerke

1 Goebel 259

DecidedAugust 7, 1886

StatusPublished

This text of 1 Goebel 259 (In re estate of Clerke) is published on Counsel Stack Legal Research, covering Hamilton County Probate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re estate of Clerke, 1 Goebel 259 (Ohio Super. Ct. 1886).

Pincite

Opinion

Goebel, J.

[260]*260This transfer was not a gift but a security for a debt. The intention of deceased evidently was to convey this stock as collateral security for his note to Davidson.

The certificates were indorsed in blank and witnessed. The envelope was set apart and marked with Davidson’s name. The calling of the witness was evidence of the carrying out of that intention. Davidson is entitled to the delivery of the certificates.

Note. — The judgment in this case was affirmed on appeal by the Hamilton Common Pleas Court. In re estate of A. A. Clerke, 17 Bull, 369.

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Goebel, J.

[260]*260This transfer was not a gift but a security for a debt. The intention of deceased evidently was to convey this stock as collateral security for his note to Davidson.

The certificates were indorsed in blank and witnessed. The envelope was set apart and marked with Davidson’s name. The calling of the witness was evidence of the carrying out of that intention. Davidson is entitled to the delivery of the certificates.

Note. — The judgment in this case was affirmed on appeal by the Hamilton Common Pleas Court. In re estate of A. A. Clerke, 17 Bull, 369.

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Bluebook (online)

1 Goebel 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-clerke-ohprobcthamilto-1886.