Wakefield v. Wakefield

The plaintiff (respondent), executor of the estate of Emma L. Wakefield, brought an action against the defendants (appellants), to obtain a judgment for $10,000 alleged to have been loaned to the defendant Laverne E. Wakefield by his mother, the decedent Emma L. Wakefield. The case was tried to the court without a jury and judgment was entered as prayed for by the plaintiff. The defendants appeal.

The sole issue is whether the $10,000 was a loan or a gift.

The evidence, which was in sharp dispute, was resolved in favor of the plaintiff. We will not substitute our judgment for that of the trial…