MATTER OF ESTATE OF BOLTON

No. 87-1252.

444 N.W.2d 482 (1989)

In the Matter of the ESTATE OF Arthur I. BOLTON, Deceased. Joyce MATTSON, Appellant, v. Bryce BOLTON and First National Bank, Burlington, Iowa, Appellees.

Supreme Court of Iowa.

August 16, 1989.


Attorney(s) appearing for the Case

Russell R. Newell of Russell R. Newell Law Office, Columbus Junction, for appellant Joyce Mattson.

William Matthews of Hicklin & Matthews, Wapello, for appellant attorneys.

James M. Adams of Hirsch, Adams, Hoth, Krekel, Putnam & Cahill, Burlington, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, LAVORATO, and SNELL, JJ.


HARRIS, Justice.

To be effective, must a gift in the form of a bank check be accepted and honored by the drawee bank prior to the death of the donor? The authorities seem nearly unanimous that the answer is yes.

The facts are straightforward and undisputed. On August 28, 1984, Arthur Bolton wrote a check for $20,000 to his daughter, Joyce Mattson, intending to make an inter vivos gift. The check was drawn on the State Bank of Wapello and was mailed to Joyce...

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