Allen v. Smith

STURTEVANT, J., pro tem.

The plaintiff, as administratrix of her mother’s estate, brought this action against the defendants to recover certain moneys which she alleged to be the property of the estate. The defendants had judgment in the trial court and the plaintiff appealed and has brought up the record under section 953a of the Code of Civil Procedure. The defendant, Fannie Smith, claims title to the moneys under an alleged gift from the plaintiff’s intestate. If this claim is sustained, the judgment should be affirmed. The defendant bank filed a disclaimer, and, for the purpose of clarity,…