Rodriguez

Appellants and the Appellee, John Rodriguez, Jr., are the children and heirs at law of John Rodriguez, Sr., deceased. Appellants brought this action to recover their share of property allegedly owned by their father at the time of his death on February 24, 1959. It is a diversity of citizenship action instituted in the United States District Court for the District of Arizona under the provisions of Title 28 U.S.C.A. § 1332 , appealed to this Court under the provisions of Title - 28 U.S.C.A. § 1291 .

At the hearing before this court, counsel for the respective parties agreed that in order for the appellee John Rodriguez, Jr., to prevail, it would have to be on the theory that a valid gift inter vivos was made by his father to him.

Prior to the death of John Rodriguez, Sr., he and one Conrad B. Molina were equal partners in a business known as “The Plantation Bar”. Due to the serious illness of Rodriguez, Sr., he and his partner, Molina, sold the bar business to A. A. Amusement Co. under the terms of an agreement dated January 15, 1959, for a total sum of $30,000. The agreement provides, among other things, for the payment of $15,000 down upon the execution of the agreement, such…