Peters' Administrator v. Peters

Opinion of the Court by

Commissioner Sandidge

Reversing.

On March 3, 1926, H. D. Peters deposited $1,975 of Ms money in the name of Ms son, appellee, Emery Peters, in the Winchester Bank, of Winchester, Ky. He died in June following. This action was instituted by appellant, as his administrator, to recover from appellee, Emery Peters, this $1,975, subject to a credit of $125 paid by the latter on the burial expenses of deceased. Appellee resisted recovery by claiming that the deposit of the money in his name was a gift to him. The trial below resulted in a- judgment dismissing the petition, and…