This section contains the nature of the case and procedural background.

The alleged donor of the shares made an absolute assignment in writing of twenty shares of stock to P. After the paper was signed the donor kept it with him for a while and afterward handed it to his wife who put it with the will and other papers in a tin box. He told his wife he intended this for Nelly. The wife wanted to know if she should give it to Nelly presently and the donor replied that it would be better to keep it for the present as he did not know what may happen or whether he may need it. The trial court gave the verdict to P ruling that the gift was causa mortis and D appealed.

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