This section contains the nature of the case and procedural background.

Cohn (H) gave his wife 500 shares of stock for her birthday. H delivered the writing in front of the entire family but died six days after the gift and before actually delivering the stock certificates. The delivery of the writing was witnessed by two of H's daughters. The delay in the actual delivery of the stock resulted from the fact that the certificates were in the name of H's business, which had been recently dissolved due to the death of his partner. H had agreed to enter into a new partnership agreement and to use some of his shares as an asset of the new partnership. The agreement for the new partnership was prepared and was to be signed the day H died. The trial court held that the writing was a valid gift of the stock. That decision was appealed: H intended to make a gift in the future instead of the present.

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