128 Iowa 18 | Iowa | 1905
Aside from a few legal propositions arising upon the admissibility of evidence, none of which are of decisive importance, this controversy turns wholly upon questions of fact. However much it may gratify counsel and parties in such cases to have this court enter upon a minute discussion of the testimony and point out the particular facts or circumstances upon which its conclusion is based, it is seldom that such an exposition can be of any value to the profession as a precedent. There are no exceptional circumstances to justify us in a departure from the rule in the present instance. We have carefully examined the record, and, in view of the fact that our finding does •not coincide with that of the.learned court below, have gone through the entire testimony a second time, with the result that our first impression has been confirmed.
The evidence as a whole leaves no room for a reasonable doubt that in the year 1876 the plaintiff received arrears of pension from the United States in the sum of $2,475, and that this money was deposited in the bank in the name of her brother, S. J. Eisher, against whose estate the present claim is made. It is equally well established that with a part of this money he purchased and took in his own name nine of the shares of bank stock. The trial court in its
The suggestion that “ five of these shares were confessedly sold to the deceased ” indicates a misapprehension of the record upon this point. The testimony of the bank officers and the records of the bank, as well as the testimony of the plaintiff, her son and daughter, identify the five shares claimed to have been sold to S. J. Eisher as the shares purchased in the year 1819 from Hester A. Eisher, while it is clearly shown that the original nine shares, which were purchased of one Meyers in 1816, remained in the name of S. J. Eisher until his death.
There is nothing in the record which tends in any way to impeach the good faith or honesty of the intestate in his dealings with his sister. He is shown to have acted as her adviser and trustee in other matters, as well as with reference to this stock. In no respect does he appear to have manifested a disposition to overreach her, and if, in taking her property into his own name, he offered the suggestion that he thereby added to his own credit in the business world, it is not an unnatural conclusion that it was no more than an affectionate device by which he sought to preserve her estate against her own improvidence. At any rate, he did use her money to purchase the stock. The circumstances of the purchase, and his subsequent conduct in reference to the stock, satisfy us that he purchased it for her use and benefit. There is an entire lack of evidence that he ever purchased or paid for her'beneficial interest in it, and we think her claim for its surrender by the 'executrix must- be allowed.
.Under the record made, we hold that the appellant is'