Woo v. Smart

Believing he was near death, Yee gave his longtime companion Woo (defendant) checks totaling $124,600, telling her he wanted her to have the money if he died. He died two days later; Woo was able to cash two checks totaling $44,600 before the bank learned of his death, but could not collect on the third, larger check drawn on a savings account. Yee's estate administrator (plaintiff) sued to recover the $44,600 Woo had already received, and the trial court found no valid gift causa mortis because the money itself was never delivered before Yee died.

Whether delivery of a check is delivery of money sufficient to create a gift causa mortis.