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

P claimed the colts under a verbal gift to him by his father the testator 12 months before his death. D was the executrix and the residual legatee of P's father. The colts remained in the father's possession until his death. P wanted to buy hay for the colts six months later but when he discovered the price the father agreed to furnish the colts with hay at, a stipulated price to be paid by the son. None was furnished until three to four days before the testator's death. The trial court found for D as the colts had never been delivered but remained in the possession of the testator. P appealed.

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