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KATHLEEN BAXTER (Formerly KATHLEEN O'NEIL), Appellant, v. ADELINE T. GILLEN, as Administratrix, etc., of THOMAS CULLEN, Deceased, Respondent.

It is settled in New York that delivery of a savings bank book with the intent to pass title is a consummated gift. ( Ridden v. Thrall, 125 N.Y. 572; 12 R.C.L. "Gifts," § 23.) This was not given on condition of a future marriage. (See Williamson v. Johnson, 9 L.R.A. 277; 62 Vt. 378.) Plaintiff was entitled to a finding of a gift consummated on March 19, 1916. The judgment is, therefore, reversed, with costs to the appellant, and directions to enter a decree for the plaintiff, with costs, upon findings to be settled in the order of reversal, on notice. Jenks, P.J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.

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BAXTER v. GILLEN
(Jun 1, 1917)