Zeller v. Jordan

Citations

• 105 Cal. 143
• 38 P. 640
• 1894 Cal. LEXIS 1127

Syllabus

<p>Gift—Savings Bank Deposit—Husband and Wife—Check Payable After Death of Wife.—The giving of a check by the wife to the husband, in consideration of love and affection, while the wife is living and well, with the understanding that the check is not to be used or presented until after her death, unaccompanied by the delivery of the pass-book representing the deposits, or of any order accompanying the pass-book, as required by the rules of the bank, is invalid; and the check cannot be paid after the death of the wife, but the money on deposit in the bank belongs to the estate of the deceased wife.</p> <p>Id.—Gift in View of Death.—To constitute a gift in view of death the gift must be made in contemplation of the near approach of death by the donor, and under the apprehension of it by some present disease or some other impending peril.</p> <p>Id,—Gift Inter Vivos.—A gift inter vivos, to be valid, must take effect at once, and there must be nothing remaining to be done essential to its validity.</p> <p>Id.—Gift in Futuro Invalid.—If an intended gift is to take effect in the future there is no gift, but only a promise to give; and a gift to take effect at the death of the donor is void.</p>