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Conflict of Laws Keyed to Brilmayer
Morson v. Second National Bank of Boston
Citation:306 Mass. 588, 29 N.E.2d 19 (1940)
On September 20, 1937, Herbert B. Turner and Mildred Turner Copperman were traveling together in Italy when Herbert gave Mildred a sealed envelope labelled “Property of Mildred Turner Copperman.” When he gave her the envelope, he said “These are yours.” The envelope contained a certificate in Herbert’s name, dated October 6, 1933, for 150 shares of Mohair Plush Company stock.
Two days later, in the presence of a notary and two witnesses, Herbert signed his name on the certificate and filled in Mildred’s name and address on the back. He then gave the certificate to Mildred, and she accepted it. His intention at the time was to make a gift to Mildred that would take effect at once.
Following Herbert’s death, the Plaintiff and administrator of Herbert’s estate, Morson, brought suit against the Defendants, the Mohair Plush Company (Mohair), the Second National Bank of Boston, and Mildred Turner Copperman (Mildred) in Massachusetts. Morson argued that the certificate should be returned to Herbert’s estate because the gift of the stock was invalid and that the laws of Italy should govern the determination of validity. The trial court found that the gift of the stock was invalid. Defendants appealed.
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