Opinion
Gen. No. 41,183. (Abstract of Decision.)
Opinion filed May 13, 1941 Rehearing denied June 2, 1941
GIFTS, § 24 — inter vivos, sufficiency of evidence. Lower court improperly found that stock certificates had been given to petitioner as a gift inter vivos by intestate, where petitioner's daughter testified she was present when gift was made, but admitted she saw only a package given to her father and knew they were stocks because intestate said so, the daughter signed the stocks as a witness after death of intestate but made the date as of the time she claimed gift had been made, it was improbable that intestate would keep valuable stocks in his bureau drawer, as claimed, and one witness testified petitioner told her he had a joint vault with intestate and had removed the "stuff" without intestate's knowledge.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. BENJAMIN P. EPSTEIN, presiding.
Order reversed and remanded with directions. Heard in second division, first district, this court at April term, 1940.
Black Beermann, for appellant;
Benjamin H. Black, of counsel;
F. Gerald O'Hara and James W. Collins, for appellee.
"Not to be published in full." Opinion filed May 13, 1941; rehearing denied June 2, 1941.