Innes v. Potter
Minnesota Supreme Court
153 N.W. 604 (Minn. 1915)
Relevant factsFree
Warren Potter, after making his will, endorsed a stock certificate to his daughter Marcia (defendant), sealed it in an envelope with instructions for delivery to her only after his death, and gave the envelope to a business associate to hold; the associate delivered the envelope to Marcia after Warren died. Innes, the estate's administrator (plaintiff), sued to recover the certificate for the estate, and the trial court found Warren had made a valid gift.
IssueFree
Whether a donor can make a valid gift by delivering the subject of the gift to a third-party trustee who will deliver it to the donee only after the donor's death.