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Katherine Deering v. The Society for Savings

Cuyahoga County Circuit Court1907-01-21
22 Ohio C.C. (n.s.) 406

Authorities cited

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Opinion

majority opinion

Plaintiff in her petition claimed the fund involved in this case as a gift.

Such being the case, it was incumbent upon her to prove all the essential elements of a gift.

She proved a delivery of the fund, which was reduced to her possession before the donor’s death. She failed to prove an intention to make a gift. The mere possession of the funds by the donee raises no presumption that the possession was acquired as a gift. Thornton on Gifts, paragraph 321. When no consideration exists for the transfer of- property, in the absence of explanatory circumstances, a resulting trust arises in favor of the grantor or transferor. Roberts v. Remy, 56 O. S., 249.

The judgment is affirmed.