Brashears' Adm'r v. Oder

Opinion of the Court by

Sims, Commissioner

— Reversing.

The question involved on this appeal is whether or not J. G-. Brashears made a gift to his wife, Mary, of two checks aggregating $256. H. W. Webb, administrator of Mr. Brashears, filed a petition in equity naming as defendants the bank where Mrs. Brashears deposited the checks, the bank upon which they were drawn, and the heirs of Mrs. Brashears, she having died intestate and no personal representative was appointed to administer her estate. On defendant’s motion an issue out of chancellery was granted; the jury found there had been a gift…