Opinion
Gen. No. 43,428. (Abstract of Decision.)
Opinion filed February 13, 1946 Released for publication March 8, 1946
GIFTS, § 23 — burden of proof as on donee to prove gift by delivery with intent to pass title. In citation proceedings by executor to recover property allegedly belonging to estate, in which respondents asserted that items described passed to one of respondents as gift inter vivos, burden was on respondents to prove by clear and convincing evidence, essential facts of gift by delivery of property to donee with intent to pass title.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JULIUS H. MINER, Judge, presiding.
Judgment reversed and cause remanded with directions. Heard in the third division, first district, this court at the June term, 1945.
Moses, Kennedy, Stein Bachrach, for appellant;
Hamilton Moses and Morris Salomon, of counsel;
Cohan Goldstein, for appellees.
Not to be published in full. Opinion filed February 13, 1946; released for publication March 8, 1946.