Coward

Coward v. De Cray

Good Law
38 Cal. App. 290·176 P. 56
Court of Appeal of CaliforniaSeptember 27, 1918Civ. No. 2530.California920 words

Opinion

Lead Opinion

Lennon, J.

Catherine A. Wilkins owned certain hank stock, evidenced by two certificates, and also owned two tracts of land. On the evening of November 4, 1905, Mrs. Wilkins, who was suffering from a dislocated shoulder at the time, sent for her attorney, one Maher, indorsed the bank stock to the plaintiff, her niece, and made two deeds of the land, one tract to Agnes De Cray, also her niece, and the other tract to Prank De Cray, the husband of Agnes. She delivered the certificates of stock and the deeds to her attorney for the indorsee and grantees respectively, and directed him to hold them until her death, and then to give them to said indorsee and grantees. About six weeks later Mrs. Wilkins obtained possession of the. stock certificates from Maher for the purpose of surrendering the certificates and obtaining new ones, the change being necessary, she claimed, because the bank intended to change from a state to a national bank, and she further stated that when the change was made she would replace the certificates with Maher. She did not do so, but kept them until her death. No question was made, either in the lower court or on this appeal, but that the stock, now the subject of this…

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