In re the Estate of Pernisi

We think the evidence supports a finding that the decedent delivered the savings bank book to the appellant with the intent to make a gift and that thereupon the gift was consummated. (See Ridden v. Thrall, 125 N. Y. 572, and Matter of McCredy, 274 App. Div. 363, motion for leave to appeal denied 299 N. Y. 799.) Testimony by his nurse and by Miss Johnston, a mutual friend of the decedent and the appellant, evidenced his intention to make the gift. Such a gift need not be established beyond all suspicion but by a fair preponderance of the evidence after carefully scrutinizing the same (Ward v.…