Estate of Kandall

The trial court concluded that the $12,000 check was not intended as a testamentary disposition or gift, and the respondent does not base his claim to the $12,000 upon any theory of gift either inter vivos or causa mortis. The claim advanced by respondent is that the check was written to pay him “for labor,” namely, uncompensated services- rendered by respondent to decedent during the years from 1934 to March, 1945, and from September, 1946, to September, 1953.. The circumstances surrounding the writing of the check and the instructions of the deceased to his attorney are found in the…