74 Mo. 195 | Mo. | 1881
This was a proceeding in the probate court of Andrew county by plaintiffs, who are heirs at law of David Walter, to compel the administrator to inventory $4,000 as assets of said estate. The following are the facts upon which they rely: On the 12th day of May, 1873, the deceased, David Walter, requested Eord to fill up four checks on the State National Bank for $1,000 each, payable, one to Catharine M. Sigrist, one to Durham, one to Louisa Gicke, and the other to Ed. Walter. These checks were then signed by Walter, and delivered to Eord, with directions to him to deliver them to the parties in whose favor they were respectively drawn, if he, Walter, should die, but, if he recovered, to return the checks to him. Eord held the checks until the death of Walter, which occurred on the 21st of May, nine days after the checks were made, and then delivered them to the payees thereof, who drew the money on them at the bank.
It is unnecessary to determine whether a donatio causa mortis can be made of checks on a bank.