Atkinson v. Blair

— As a defense to the action defendants pleaded that the amount of money mentioned in the note was a gift by the decedent “ in return for home comforts and necessaries of life bestowed upon her by defendants.”

The evidence tended to show that the decedent had been on terms of friendship and intimacy with the defendants, had spent much time at their house, and had received there uniformly kind treatment. One witness testifies that he was present when the note in suit “ was presented to the deceased, *157who declined to take it until it was urged by defendants upon her as a provisionary memorandum…