Zeller

Action to recover from the defendant, the German Savings and Loan Society, the sum of niue *146 teen thousand eight hundred and seven dollars and seventy-four cents, deposited with said defendant by Sophia Stein eke, who afterwards became the wife of plaintiff, and is now deceased. The defendant, Jordan, is the executor of the last will of the said Sophia, and is made a party to this action by reason of the fact that he claims said deposit as a part of the estate of his said testator. The superior court rendered judgment in his favor, and the plaintiff appeals.

The plaintiff alleges in his complaint that his deceased wife, in the month of January, 1886, “ in consideration of the love and affection she had and bore unto plaintiff, and also for other good considerations her thereunto moving, made an assignment in writing” of her demand against the German Savings and Loan Society, arising out of the deposit before referred to, and that he “ has ever since been, and still is, the lawful owner thereof, and of all accrued dividends thereon.” The action was tried by the court without a jury, and the court found that the deceased never assigned to plaintiff, by way of gift or otherwise,…