Crippen vs.

Adams
92 N.W. 496

Doctrine:
In cases of donation, it is necessary that there be intelligent assent by the
donor, otherwise the donation will be nullified.
Facts:
1. Abram Shear died February 7, 1901, at the advanced age of 85 years.
Before he died he expressed the desire to his niece, Mrs. Moon, that the
defendant Mrs. Adams should receive $500 out of his estate. Mrs. Adams
had been a domestic in the decedent's household for some years at a
salary of $1.50 per week, and decedent evidently desired to reward her
faithfulness.
2. Mrs. Moon undertook, at the suggestion of defendant's son-in-law, to
provide a means for decedent to complete his gift. Mr. Bennett, the
cashier of the Plymouth Savings Bank, was sent for, and produced four
certificates of stock in the bank, standing in the name of Mr. Shear,
representing an aggregate value of $4,500, which were indorsed by him
in pencil.
3. Subsequently, a bill was filed to set aside the transfer since the original
intent of the decedent was to transfer only $500.
4. The trial court decreed to set aside the transfer as to the balance, thus
defendant appeals.
Issue: Whether or not the defendant is entitled to receive the aggregate value of
$4,500 as donation from the decedent.a
Held: No, the Court affirmed the decree of the trial court that the defendant is
only entitled for the amount of $500.
Ratio:
1. While no fraud was intended, it is apparent that some one blundered,
and that, in an attempt to make a provision of $500 bounty to the
defendant in accordance with the wishes of Mr. Shear, there was an
apparent nominal transfer of $4,500, which was accomplished, so far as
it was accomplished, without the intelligent assent of Mr. Shear.