Sanborn v. Sanborn

18 A. 233, 65 N.H. 172

• Court: Supreme Court of New Hampshire
• Decided: June 5, 1889
• Status: Published

Opinion

Clark, J.

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.

Carpenter, J., did not sit: the others concurred.