Foster v. Reiss

Before major surgery in 1951, Ethel Reiss wrote a note to her husband, Mr. Reiss (defendant), directing where to find and how to distribute certain possessions, including access to several bank accounts, in case she died. She died soon after surgery. Her will, by contrast, left Mr. Reiss only $1, with the rest going to her children and grandchildren. Her personal representative (plaintiff) sued to recover the bank-account funds referenced in the note. The trial court ruled no valid gift occurred, but the appellate division reversed, and the personal representative sought review.