GIFTS, § 9 — when gift of savings deposit by dying man not established. In action to recover assets held by public administrator, where savings bank book and signed withdrawal slips were turned over to plaintiff by decedent during final illness, on day of removal to hospital, less than two months before death, and where evidence indicated that decedent had a brother and that plaintiff was to turn over some of money to him as directed by decedent, held that gift to plaintiff, either causa mortis or inter vivos, was not established in absence of clear and convincing proof of decedent's intent.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE KILEY.
Not to be published in full. Opinion filed May 18, 1945; rehearing denied June 8, 1945; released for publication June 8, 1945.