70 P. 390 | Or. | 1902
after stating the facts, delivered the opinion of the court.
Now, the effect of the findings of fact of the trial court is that Edward Graupner, on the day previous to his death, in the presence of certain persons named, declared that he gave H. V. Helms everything he had; that Helms should care for his as long as he lived, so that he could have all that was necessary, and after his death pay all charges, pay himself liberally, and send what remained to Graupner’s sister in Germany; and that Helms assented thereto, and agreed to- comply with the conditions imposed. ' There was an immediate indorsement of the certificate of deposit of the $2,000, and delivery thereof to Helms, which, being symbolical, constituted a present transfer of that portion of the funds into the possession of Helms, who subsequently and on the same day actually possessed himself of the money by receiving it from the bank upon presentation of the certificate. The remaining $200 was actually delivered to him by Judge Neil under the express directions of the donor. So that here.the donor dispossessed himself of the property absolutely, parting with all control and dominion over it, and died on the following day. It is clearly manifest from what he said- and did that it was his present purpose to part with the title to the money, and bestow it upon his sister, after the payment of the specific expenses and charges, which he directed-Helms to see to. The directions were without reservation, and their performance depended upon no conditions: It may be assumed that the charges referred to were to be satisfied, and • the balance remaining of the fund paid to his sister after-his death; but this is no objection to the gift, there being a present transfer of dominion with the intent and purpose of devesting himself of title and conferring it upon another. The sister -in Germany was constituted the real beneficiary or donee, and Helms a trustee for her, to execute the trust reposed in him.
Affirmed.