A trial of an issue was directed to determine the ownership of two skidders between the estate of the deceased and the respondent.
The respondent claimed ownership of one skidder as a gift and an interest in the other via a mechanics lien.
The court found the respondent had no interest in the first skidder due to a failure to register a lien, making it an estate asset.
However, the court accepted corroborated testimony from a beneficiary that the second skidder was gifted to the respondent prior to the deceased's death, satisfying section 13 of the Evidence Act.
The second skidder was declared the property of the respondent.
