In re Whaley

Mr. Presiding Justice Scheineman

delivered the opinion of the court.

Rosa B. Kimmie filed a petition in the estate of Roy L. Whaley, deceased, claiming that a savings account standing in his name belonged to her by virtue of a gift from him prior to his death. On appeal to the circuit court and trial de novo without a jury it was held that the evidence was insufficient to establish a gift inter vivos. This appeal is from a judgment of dismissal entered at the close of petitioner’s evidence.

Appellant relies principally upon the testimony of Mr. and Mrs. Beumer, friends of deceased. They stated…