In re Proceedings to Discover Alleged Property of Buoninfante

Slater, S.:

The claimant, a nephew of the decedent, asserts a gift "causa mortis of three certain bank books which represent deposits totaling $8,214.15. The decedent resided with the claimant for a period of about fifteen years. He was survived by brothers and the nephew claimant. The alleged gift is asserted to have been made the night before decedent died and only in the presence of the claimant and his wife. The wife testified to the acts constituting the gift. Gifts are not presumed. Possession of personal property as evidence of gift by a member of a family of decedent having access *908to…