Green

Frederick Driessen died intestate. After his death there were found among his personal effects, among other things, a bank-book showing that the deceased had a deposit in the Bank of South San Francisco, in the sum of $2,584.70, a promissory note and mortgage securing the same, in the sum of $1,250, executed by Ambrose D. Savage and Emma J. Savage, to said Driessen, and a paper on which was written in German the following: “Money and all that I have give you to Mrs. Green and Miss Green. ’ ’ This note was in the handwriting of Driessen and was signed by him. The bank-book and these papers were delivered to a former employer of Driessen, and were afterward delivered to the defendant as administrator of the estate of said deceased. The plaintiffs, claiming to be the owners of and entitled to the possession of the money on deposit in the bank, and the promissory note and mortgage, brought suit for the recovery thereof against Hynes, in his representative capacity, as administrator of the estate of Driessen, and obtained judgment. From this judgment defendant appeals.

The court found: That on the twenty-fourth day of September, 1914, plaintiffs gave to said Frederick Driessen the sum…