Sanborn v. Sanborn
Supreme Court of New Hampshire
Sanborn v. Sanborn, 18 A. 233 (N.H. 1889)
65 N.H. 172
Clark, Carpenter
Sanborn v. Sanborn
Opinion of the Court
The note was an executory promise made upon no-sufficient legal consideration, and no action can be maintained upon it. It is invalid as a gift causa mortis. The donor’s own promissory note, payable to the donee, cannot be the subject of a donatio causa mortis. Copp v. Sawyer, 6 N. H. 386; Flint v. Pattee, 33 N. H. 520; Parish v. Stone, 14 Pick. 198. It cannot, operate as a bequest because it was not executed in conformity with the requirements of the statute of wills. Bartlett v. Remington, 59 N. H. 364; Towle v. Wood, 60 N. H. 434; Morey v. Soher, 63 N. H. 507, 513.
Judgment for the defendants.
Reference
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- Sanborn v. Sanborn & A., Ex’rs
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