Detroit Trust Co. v. Struggles

I concur in the result, without subscribing to tlie holding that, when the evidence, prima facie, showed ownership retained by the deceased, the burden shifted to defendant to establish a gift by clear and convincing proof. The burden in this case never shifted. To meet a prima facie case the opposite party was required to go ahead with the proofs, but the plaintiff’s right to have recovery re mained to be determined from all the proofs. Burke v. Burke, 217 Mich. 195.

My conclnsion from the proofs is that the deceased at all times retained ownership of the shares of stock, subject to…