
    FAILURE TO ESTABLISH A GIFT.
    Circuit Court of Cuyahoga County.
    Katherine Deering v. The Society for Savings.
    
    Decided, January 21, 1907.
    
      Gifts — Intention of Donor to Make a 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.
    Winch, J.; Marvin, J., and Henry, J., concur.
    
      
      Affirmed without opinion, Deering v. Society for Savings, 79 Ohio State, 467.
    
   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 on Gifts, paragraph 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 O. S., 249.

The judgment is affirmed.  