Deering v. Society for Savings

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

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.