Peters v. Smith

The plaintiff’s testator died on September 2, 1906. By his will he appointed the plaintiff and the defendant executor and executrix of his will. Both parties qualified. Two days prior to the testator’s death he drew from the bank $500. Of this sum the defendant claims the testator prior to his death made her a present of $200. The plaintiff, on the other hand, claims no such gift was made, but that the defendant took and appropriated the $200 to her own use after the testator’s death. The parties on the trial gave evidence tending to establish the truth of their respective claims, but the…