An intent to give is not a gift; nor is an executory agreement or promise without consideration a gift. We have nothing to do with the propriety or impropriety of the defendant’s action in reference to the request to appropriate money to the benefit of the plaintiff. It is to be presumed, in this as in all cases where nothing to the contrary appears, that every person acts properly and reasonably; and there would be danger of doing injustice if the court should undertake to decide whether conduct, not involved in the issue to be decided, should be re" garded judicious or not. Whatever motives were actuating or purposes were governing the deceased, Minerva H. Gerry, this is certain, she never gave the plaintiff the one hundred dollars which she sues for, either to her own use or to that of airy other
Judgment on the verdict.