Coffey

— The evidence in this case fully sustains the finding of the court, that the assignment to the plaintiff by Corcoran of the claim against McCloslcey was for the benefit of Corcoran’s estate, and was never the property of the plaintiff. Corcoran, at the time of the assignment, was upon his death-bed, and died five days thereafter. The plaintiff was at that time, and had been for some years, his attorney and legal adviser. The only evidence in support of his ownership of the claim was given by himself: that, “prior to his death, he and I had an accounting of business transactions; he gave me this assignment offered in evidence.”

In viewing the relations existing between plaintiff and Corcoran at the time of the assignment, and in the absence of any affirmative proof that Corcoran received any consideration therefor, the statements shown to have been made by the plaintiff subsequent to the death of Corcoran, that “ the assigment was for the benefit of the estate of Mr. Corcoran,” and “ I have no claim against it; I don’t own it, and I have no interest in it,” and which he did not deny,—justified the court in making the findings above named.

About three years prior to the death of…