In re the Estate of Pizer

Foley, S.

The public administrator in this discovery proceeding sought the delivery of a savings bank book evidencing a deposit of $2,126.82 in the name of the decedent, which was alleged to be in the possession of the respondent. The respondent in his answer admitted possession and asserted that the moneys within the account were his by reason of a valid gift inter vivos made by the decedent to him. The trial was by jury.

At the close of the respondent’s case the attorney for the public administrator moved to dismiss the answer, upon the ground that the evidence showed that the decedent never…