Comer v. Comer

Citations

• 120 Ill. 420
• 11 N.E. 848

Syllabus

<p>1. Evidence—possession of bonds, as presumptive evidence of ownership—and of evidence in rebuttal of such presumption. The fact that a person, for several years before his death, had the undisputed possession of a number of United States government bonds, and collected and used the interest accruing thereon, affords presumptive evidence that he was the absolute owner thereof. But such evidence of ownership may be overcome by proof explaining the possession, and showing he had but a life interest in the bonds, and held them under such title.</p> <p>2. So where a widow, for many years after her husband’s death, had the possession of $6000 of government bonds which had belonged to him before his death, and she collected and used the interest accruing thereon, up to her death, without objection on the part of any one, this was held presumptive evidence of her ownership; but proof of her frequent declarations, made at various times while she held the bonds, and at one time shortly before her death, that she was to have only the interest on the same as long as she lived, and that on her death the bonds were to be divided among the heirs of herself and husband, was deemed sufficient to overcome the presumption of ownership arising from, such possession of the property.</p> <p>3. Same—evidence as to a gift by a husband to his wife. The declaration of a husband, before his death, that he had given his government bonds to his wife, is not sufficient to show title in her, when it appears that he referred to a letter or writing, in the nature of a testamentary disposition, which is void, because not properly attested, as a will, as the evidence of the gift.</p> <p>4. Same—declarations of parly-—whether inconsistent with his claim of title. Where a husband attempted, by a void writing, to give his wife the right to the interest accruing on a lot of government bonds during her life, after which he died, leaving two sons as his only heirs, the declaration of one of the sons tha