Kristovich

Joe Crail died on December 4, 1969. Some time after his death certain stocks and bonds were found in a “secret compartment” in his home. A dispute concerning the ownership of these securities developed between the special administrator of decedent’s estate and Joe Crail, Jr., decedent’s son, the latter claiming that decedent had made a gift causa mortis of the papers shortly before his death. A further dispute developed between the administrator and Joe Crail, Jr., on one side and 16 persons known herein as counterclaimants on the other, with respect to whether or not the counterclaimants had an equitable right to purchase certain of the securities. The matter went to trial in the superior court, which quite logically divided the trial into two phases, the so-called “gift phase” and the so-called “agreement phase.” Joe Crail, Jr., prevailed all around and the counterclaimants appealed “from the whole” of the judgment in his favor. The administrator has not appealed.

No record has, as yet, been filed in this court. Submitted to us, however, is a motion by the respondent, Joe Crail, Jr., “to dismiss that portion of the appeal filed by the counterclaimants which goes to the…