Rust v. Phillips

In this appeal we are called upon to determine whether the evidence is sufficient to support a finding by the trial court that David N. Rust, Jr., deceased, made valid inter vivos gifts of certain negotiable instruments totaling $100,000 to his children.

On December 6, 1965, Elizabeth R. Phillips and Wilbur C. Hall, executors of decedent’s estate, filed a bill of complaint which alleged, among other things, that the gifts in question were valid, but that the validity of the gifts had been questioned by certain heirs because they claimed there “was no completed delivery” of the property. The…