In re the Estate of Cardwell

There is no dispute as to the facts. The

deceased gave orders to Bowenhagen that “If anything happens to me or I should not come back, I want Bob [the deceased’s nephew] to have this [the envelope containing the bankbook.] ” Prom this instruction it is clear that the deceased wished his agent to give the bankbook to the donee if the deceased did not come back from the hospital alive. Thus the transfer of the gift could not be made by Bowenhagen to the nephew until after the deceased’s death. That did not constitute a gift causa mortis as there was to be no delivery of the bankbook by the…