Stanley Matthews

“ Grover, 24 Pick. 261-264, expressly declared that 'a gift of a chose in action, provided no claims of creditors interfere to affect its validity, ought to stand on the same footing as a sale;' that the title passed, and the gift became perfected by delivery and acceptance; that there was, therefore, 'no good reason why property thus acquired should not be protected as fully and effectually as property acquired by purchase;' and showed, by a reference to the cases, that there was no difference in this respect between gifts inter vivos and mortis causa. ”

“ A certificate of deposit is a subsisting chose in action and represents the fund it describes, as in cases of notes, bonds, and other securities, so that a delivery of it, as a gift, constitutes an equitable assignment of the money for which it calls. ”

“ At the termination of this contest, it seems to have been settled that a gift causa mortis is ambulatory and incomplete during the donor's life, and is therefore revocable by him and subject to his debts, upon a deficiency of assets, not because the gift is testamentary or in the nature of a legacy, but because such is the condition annexed to it, and because it would otherwise be fraudulent as to creditors; for no man may give his property who is unable to pay his debts ”