Foley v. Coan

This is an appeal from a decree of the Probate Court, No new question of law is involved. The judge of *209probate found, as fact, that the intestate Margaret E. Gardiner made a completed gift to her sister, Ellen T. Foley, of a bank book and deposit in the Cambridge Savings Bank as a donatio mortis causa. The appellants, nephews or grandnephews of the intestate, challenge the correctness of the decision. The evidence is reported. We must examine it and form an independent judgment with regard to what it establishes as fact. In doing so we are not bound by the finding of the trial judge; but may…