In re the Estate of Enders

Joseph A. Cox, S.

A claim is asserted upon a $25,000 check which the decedent made and delivered to the claimant. The evidence was that the decedent had made gifts to the claimant over a period of years and on each of two occasions, immediately prior to a contemplated, journey of the decedent, he delivered a *208check to the claimant with instructions to cash it only in the event of his death en route. Each of these times the check was delivered back to the decedent upon his return to New York. It is clear that such transactions were in the nature of attempted testamentary dispositions. The check…