Field v. Shorb

Citations

• 99 Cal. 661
• 34 P. 504
• 1893 Cal. LEXIS 736

Syllabus

<p>Estates of Decedents—Gift of Bank Check and Certificate of Deposit — Action bi Administbatoe—Finding against Evidence In an action by the administrator of the estate of a decedent wherein it is sought to set aside ihe transfer of a bank check and certificate of deposit by the decedent in his lifetime, upon the alleged ground that the check and certificate were given to the transferee merely for safe-keeping and not as a gift, where the evidence shows that the deceased was a wealthy man and was in the habit of keeping bank accounts; that the check was drawn payable to the transferee and was immediately collected by her, and the proceeds deposited in bank to her account, and there is no evidence tending to show that the check was not given to her, and the evidence shows without conflict that the check añd certificate were intended to be a gift to her, and that the certificate of deposit was indorsed and delivered to her by the decedent, a finding that they were not given to her as a gift is not supported by the evidence.</p> <p>Findings — Current of Evidence against Finding—Conflict—Review upon Appeal.—Although a finding by a jury or trial court will not be disturbed on the ground that it is not warranted by the evidence where there is presented a fair, reasonable ground for a difference of opinion, yet where the great current of the evidence is against the finding or verdict, and the appellate court is convinced that it is wrong, it will not be deterred from setting it aside by the contention that one or two general statements or assertions of one or two witnesses bring the case within the rule which governs where there is a material conflict of evidence.</p> <p>Id—Mental Soundness of Donob of Personal Property—Finding against • Evidence. — Where it is sought to have a gift of personal property set aside at suit of an administrator on the ground that the decedent, at the time of making the transfer, was of unsound mind, and the jury finds that the mind of the dece