
    GIFTS
    [Cuyahoga (8th) Circuit Court,
    January 21, 1907.]
    Winch, Henry and Marvin, JJ.
    
      Katherine Deering v. Society for Savings.
    Intention of Donor to Make Gift a Necessary Element.
    Proving the delivery of a fund which was reduced to possession, without proving an intention to make a gift, does not establish a gift.
    Error.
    
      
      Affirmed no opinion, Deering v. Society for Savings, 79 Ohio St. 467.
    
   WINCH, J.

Plaintiff in her petition claimed the fund involved in this case as a gift.

Such being the case, it was incumbent upon her to prove all the essential elements of a gift.

She proved a delivery of the fund, which was reduced to her possession before the donor’s death. She failed to prove an intention to make a gift. The mere possession of the funds by the donee raises no presumption that the possession was acquired as a gift. Thornton, Gifts, par. 321.

When no consideration exists for the transfer of property, in the absence of explanatory circumstances, a resulting trust arises in favor of the grantor or transferor. Roberts v. Remy, 56 Ohio St. 249 [46 N. E. 1066].

The judgment is affirmed.

Henry and Marvin, JJ.  