Deering v. Society for Savings

33 Ohio C.C. Dec. 644, 22 Ohio C.C. (n.s.) 406, 1907 Ohio Misc. LEXIS 451

• Court: Cuyahoga Circuit Court
• Decided: January 21, 1907
• Status: Published

Opinion

WINCH, J.

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, Gifts, par. 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 Ohio St. 249 [46 N. E. 1066].

The judgment is affirmed.

Henry and Marvin, JJ.