New York Court of Appeals
Harris v. . Clark, C. Executors.
December 5, 18493 N.Y. 93
Summary
The New York Court of Appeals affirmed the lower court's judgment, holding that an unaccepted draft issued by a dying donor does not constitute a valid donatio mortis causa and therefore cannot be enforced against the donor's executors. The court reasoned that delivery of the instrument without acceptance does not transfer the underlying funds and that a draft is not an assignment absent consideration.