In re the Estate of Cardwell

Delehanty, S.

In this discovery proceeding the subject matter is a savings bank book and the money evidenced thereby. In support of the burden placed on the respondent — a nephew of deceased — to establish a pleaded gift causa mortis the *855respondent called the superintendent of the building in which deceased was employed as a fireman. The superintendent testified that on the day when deceased went to the hospital, March 9, 1943, he gave to the superintendent an envelope in which deceased’s bank book — the one in controversy — was placed at the deceased’s direction and on which was written…