White
White v. Kirchmann
Opinion
Lead Opinion
Sturtevant, J.
This is an action brought to enforce certain alleged trusts in certain personal property. The defendants had judgment in the trial court and two of the alleged beneficiaries have appealed under section 953a of the Code of Civil Procedure.
Prior to her death Jane Sanders had become the owner of bonds of the federal government and of certain corporations and had said bonds on deposit in her safe-deposit box. It was the theory of the alleged beneficiaries that she had attached to some of the securities written directions indicating to whom such securities should be delivered in the event of her death, and that on the evening before her death she called to her side the defendant, Anna Coffer, and requested the said Anna Coffer to send certain of the securities to the individuals whose names were marked on, or according to the written directions attached to each of said securities, and that Anna Coffer accepted the trust and agreed to comply with the directions of the trustor. The allegations of the plaintiffs’ complaint setting forth the foregoing theory were denied by the defendants in their answers. On the trial of the case the plaintiffs relied on the testimony of Anna Coffer to…