Question
M and S both lived in brick houses located next door to each other. There were no fences between the yards. S often kept M,
M and S both lived in brick houses located next door to each other. There were no fences between the yards. S often kept M, who was quite a bit older, company by talking with her in the backyard. S often picked up items at the store for M and on several occasions shoveled her sidewalk and driveway when it snowed.Shortly before her death, M decided to reward her neighbour, S, for his kindness to her. She wrote him a cheque for $100,000 and instructed her stepson to deliver it to him. When S went to M's bank and presented the cheque, the bank employee told him that they would have to investigate and returned the cheque to him. The employee did not tell him that M had insufficient funds in her account to cover the cheque. M, who was unaware of the shortfall, died six days later. The bank froze her accounts. When S tried to deposit the cheque at his own bank, it was returned marked "funds frozen".S asked the Executors of M's Will to make the payment to him. They have refused.Assume the role of a legal advisor and analyze the issue(s).
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