Ogilvie v. Ogilvie

The Subbogate.

The gift by the deceased to her son William, the executor, of a trunk, containing some $500, *357three or four weeks before her death, is, I think, sufficiently proved. Such transactions ought always to be closely scrutinized, and the facts upon which they depend, clearly established. The evidence upon which the executor is sought to be charged for this sum, was drawn from him upon his own examination at the instance of the adverse party, and the statement cannot be so dislocated, as to separate the part which bears against him, and thereon establish his liability; and reject that…