(Download) "Welton v. Gallagher" by Hawaii Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Welton v. Gallagher
- Author : Hawaii Supreme Court
- Release Date : January 09, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
[W]here a gift is properly pleaded in defense to an action, the donors mental capacity will not be an issue at all unless it is affirmatively set up in the reply. Holland v. Pearson, 271 Ky. 115, 111 S.W.2d 581 (1937); 38 C.J.S. Gifts § 64 (1943). In the instant case, the issue of Mr. Weltons competency is raised for the first time on this appeal; it is contrary to the position he took below. Therefore, we decline to entertain the question. [2 Haw. App. at 247,630 P.2d at 1082.]
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