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Property Keyed to Merrill
Irons v. Smallpiece
Facts
Plaintiff alleges that his father made a verbal gift to him regarding two colts approximately a year before the father’s death. Plaintiff’s father retained possession of the colts until he died. Six months before Plaintiff’s father died, the father had agreed to sell Plaintiff hay for the colts. However, Plaintiff’s father did not give him the hay until a few days before his death. Thereafter, the father’s executrix (Defendant) refused to deliver the colts to the Plaintiff. Plaintiff brought suit to compel Defendant to deliver the colts. The trial court held in Defendant’s favor and found Plaintiff’s father did not give Plaintiff a valid gift because the colts had not been delivered to the son.
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