A promissory note made by a father, in view of the near approach of death, to his son, and placed in the hands of a third person with directions to keep it in his possession until six months after the death of the maker, and then deliver it to the payee, is not good either as a gift causa mortis or as a bequest.
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. Sohier, 63 N.H. 507, 513.
Judgment for the defendants.
CARPENTER, J., did not sit: the others concurred.