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Brind v. International Trust Co.

Supreme Court of Colorado
179 P. 148 (1919)


Facts

In 1914, Maria Brind deposited jewelry with the International Trust Company (International Trust) (defendant) with a letter stating the jewelry was to be given to specified friends if Mrs. Brind died as a result of an impending surgical operation to remove a tumor. Mrs. Brind did not die in the operation, because the surgeon decided after making an incision that the operation would be fatal to Mrs. Brind and did not proceed with it. Mrs. Brind subsequently died of the tumor. J. Fitz Brind (plaintiff), Mrs. Brind’s husband, brought a replevin action as administrator of Mrs. Brind’s estate to recover the jewelry from the International Trust. Some of the friends to which Mrs. Brind had said the jewelry should be given intervened in the action to claim the jewelry and became defendants. At trial, there was testimony that Mrs. Brind had visited International Trust’s office in October after the attempted surgery and reaffirmed her desire to give the jewelry to her friends. Mrs. Brind’s attorney testified he had visited Mrs. Brind in November after the attempted surgery, advised her she might be able to change the disposition of her jewelry, and was told she was uncertain and would think about it. The jury found for the intervenors, and Mr. Brind appealed to the Supreme Court of Colorado, arguing that Mrs. Brind had not made a gift of the jewelry to the intervenors.

Rule of Law

Issue

Holding and Reasoning (Burke, J.)

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