Hinchman, Admr. v. Fry

Appellee filed a claim against her father’s estate for $500 which was received by the decedent as a trustee for appellee. A trial by jury resulted in a verdict and allowance for appellee.

Appellant contends the evidence is not sufficient to sustain the verdict and that the court erred in giving and refusing to give certain instructions.

John Gifford, grandfather of appellee, died testate in 1871. He bequeathed $1,000 to appellant’s decedent, Sanford Hinchman, in trust for appellee and a sister. This legacy was paid to the decedent February 28,1872. Appellee was born in July, 1868, and lived…