Denker v. Denker

Opinion op the Court by

Judge Tilford

Reversing.

Alleging that appellee was asserting title by gift to certain promissory notes and a receiver’s certificate belonging to the estate of Mary Thompson, and had refused to surrender possession thereof, the executrix of Mary Thompson’s will, Elizabeth Denker, instituted this action in equity to nullify the alleged gift and compel the delivery of the property. An answer pleading a gift inter vivos of the intangibles, a reply denying the gift and pleading testatrix’s incapacity to make it and appellee’s confidential relation to her, and subsequent…