Guenther v. Guenther

There is no question but that the bonds and cash, the subject of this litigation,■ were placed in the appellant’s possession as early as December 25, 1937. If a gift was then made, the claim of the respondents can have no foundation and the conclusion of the court that an express trust was created is wrong. On December 22, 1937, C. O. Guenther, then eighty-six years of age and in ill-health, wrote to appellant, his nephew, asking him to come to see him "right away so that you can get to see me while I am yet alive to* arrange things.” Johanna Volkmann, Guenther’s housekeeper, testified that a…