185 P. 1109 | Utah | 1919
Plaintiff in this action asks judgment for money claimed to have been delivered to the defendant for plaintiff by plaintiff’s grandmother on or about August 6, 1902. At that date plaintiff was a minor of the age of twelve years. Defendant admits the receipt from the grandmother of the amount stated in the complaint, but alleges that he received and held such money subject to the orders of the grandmother, and that during her lifetime he paid out at her direction all but a small
It appears from the record that the defendant, Lund, is the son of the grandmother, Mrs. Taylor, and also the uncle of plaintiff, being a brother of the plaintiff’s mother. The plaintiff’s mother died in 1896, and the grandmother in 1915. The grandmother resided at Ephraim, Utah, and the defendant at Salt Lake City. Jn August, 1902, it appears there was no banking institution at Ephraim, home of the grandmother. The donor, evidently with a desire to divide part of her property among her living children and the children of the deceased daughter, sent by mail to the defendant approximately $4,300, with directions to deposit $1,000 of that amount to his own account, $1,000 to a daughter, $1,400 to another son, and $300 each for the plaintiff and her two sisters. The letter accompanying this gift is not in the record. The defendant deposited $300 in the name of each of the three grandchildren, including plaintiff, who were all minors, per himself as trustee, in a savings bank at Salt Lake City. The $300 deposited in the name of the plaintiff remained in the bank, and differ ent amounts were withdrawn, the defendant claims under the direction of the grandmother, until the date of her death in 1915, when only thirty-one dollars remained.
It is the contention of plaintiff that the money given to the defendant was a completed gift to her at the date it was delivered to defendant. The defendant contends, and so testified at the trial, that the amount was given to him to. hold and to be distributed as directed by the grandmother during her lifetime, and whatever remained at her death to be given to the plaintiff.
N There is one question of fact only as shown by this record: Was the $300 sent to defendant in August, 1902, by the grandmother intended as a gift at the time to this plaintiff? The ease was first tried in the city court of Salt Lake City, and that court found the facts against the defendant. Defendant appealed to the district court, and upon a hearing de novo that court also found the facts contrary to the con
The judgment against the defendant in the city court was $499.99. On appeal to the district court judgment was entered against defendant in the sum of $419.64.
We find no reversible error in the record.
Judgment is affir,med, with costs to respondent.