Business Law
...versy. By her will dated March 13, 1961, Anne E. Boggs after directing that her just debts be paid, bequeathed all of the residue to her estate, of every kind and character, whatsoever and wheresoever situate, to her son, Raymond Robert Ward and to each of his children, share and share alike. On April 20, 1962 Mrs. Boggs, during her illness, from which she died on July 4, 1962, signed and apparently delivered to the plaintiff the following letter. In letter to plaintiff it says, that Anne Boggs sister of Abbie, requests that if she Dies before her sister (abbie) that both checking and savings accounts should be Transferred to her sister, on her presentation of her death certificate. *It is the position of the plaintiff in this proceeding that the letter of April 29, 1962, constitutes a valid gift causa mortis and that by reason thereof she is entitled to the funds in the aforesaid bank accounts. * The defendants, on the other hand, contend that the Boggs letter is testamentary in character; that, not being executed in accordance with the law pertaining to wills, it could not effect a testamentary diposition of the funds involved; and that the letter does not constitute a gift causa mortis for the reason that it did not effect a present transfer of the bank accounts to the plaintiff. ***The sole question to be decided in this case is whether the Boggs letter of April 29, 1962, constitutes a valid gift causa mortis. In making this decision we must determine whether the essential attributes or constituent elements of a gift causa mortis, as defined by law, exist by virtue of such letter. In order to be a gift Causa Mortis: The donor must make the gift in contemplation of death, either in his last illness or while he is in other imminent peril He must give up all dominion and control over the subject of the gift so that it May belong to the donee presently, as his own property The donor must make an actual delivery of the thing given or a delivery of the means of getting immediate possession and enjoyment of the gift. A gift causa mortis may be revoked by the donor during his lifetime. **In court, such gifts will be given legal effect if made in compliance with the above named requirements Decision The court reached the decision that the letter of April 29, 1962 did not constitute a valid gift causa mortis. The pl...