Pendley v. Bennett

1. In this suit by an administratrix to recover of the defendant the amount of certain money belonging to the intestate, and alleged to have been appropriated by the defendant to his own use, where the defendant pleaded and testified that the intestate had delivered the money to him during her lifetime, with direction to expend a part of it for specified purposes and to retain the balance as a gift, it was permissible for the plaintiff, without further pleading, to attack the validity of the alleged gift by proof that the intestate was non compos mentis at the time of the transaction, and…