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Because the donor could revoke the gift by stopping payment on
the check or withdrawing the funds prior to the drawee's5
acceptance of the check, we stated that in the State of Maryland,
if a check is intended as a gift and is delivered to the donee,
the gift remains incomplete until the donee presents the check
for payment and the check is accepted by the drawee. Id. at 209.
Petitioner does not argue that D.C. Code Ann. sec. 28:3-
409(1) (1981) is distinguishable from the aforementioned Maryland
statute. Rather, petitioner argues that because of decedent's
condition, she was essentially unable to stop payment on the
checks. Petitioner claims that decedent's condition was such
that she was unable to go to the bank or to get to a telephone in
order to request a stop order from CFB. Thus, petitioner
asserts, the checks were not revocable and were complete when
delivered to the donees. We do not find petitioner's argument
persuasive.
Prior to the time that a drawee bank accepts a check, a
customer may order the bank to stop payment by telephone, which
would be effective for a period of 24 hours. D.C. Code Ann. sec.
28:4-303(1) and (2) (1981). After that time, a written stop
4(...continued)
instrument until he accepts it.
5In commercial law, the term "drawee" means the bank in
which the donor has funds on deposit and against which the check
is drawn. D.C. Code Ann. sec. 28:3-103(a)(2) (Supp. 1995) (the
term drawee "means a person ordered in a draft to make
payment.").
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