Elmer v. Trenton Trust & Safe Deposit Co.

Leaming, Y. C.

The evidence establishes the fact that Dr. Elmer received'from his wife and deposited in his own bank account money to the amount of $8,862.21. I-Iis wife also.paid for him to Collins $1,198.41, and to Katzenbach & Company, $549.30. All of the money referred to was the separate estate of Mrs. Elmer. Most of the money so paid was from the principal of Mrs. Elmer’s estate; a smaller portion was from its income. A considerable *453portion of the money referred to was undoubtedly expended in improving the residence property of Dr. Elmer which was at the time occupied by him and his wife.