Hart

The plaintiff seeks hy this action to recover from the defendant certain moneys claimed to belong to the estate of James Preston, of which he is the administrator. The defendant claims a right to the money by virtue of a gift causa mortis from the intestate. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.

On the nineteenth day of March, 1897, James Preston, being ill and expecting to die from his illness, placed in the hands of the defendant two savings hank hooks, saying; “I want you to draw this money and pay it out as I wish to have it done, to different parties. I want you to draw the money and pay Damas Sirard one thousand dollars; pay John Sherman, in North San Juan, for one week’s hoard, about six dollars, I suppose, and pay to A. J. Grimes ten dollars. Then he said, ‘You select some charitable institution and give or send *428 ■to them one hundred dollars from this money/ That was the talk right then. He said nothing to me about any balance, if any should remain. He did not specify any charitable institution, but told me to select one, and I asked him what one, and he said he did not Imow—that I should select one and 'suit myself.” He also…