Aubrey's Adm'x v. Kent

Opinion op the Court by

Stanley, Commissioner—

Reversing.

The question before us is whether the evidence-to establish delivery of a passbook was sufficient to take the case to the jury on the issue of a gift of a savings account of $1,012.66. The trial court held it was-not and directed a verdict against the claimant.

Mrs. Mattie Aubrey, of Lexington, died July 16, 1931, survived by her sister, Mrs. Nannie Coryell, who lived with her, and a number of nieces and nephews. One of these, Mrs. Mattie McClanahan, also a widow,, lived on a farm in Payette County; her sister, Mrs. Lizzie Wallace, living…