Question: Julie does good deeds for countless people, and many are deeply grateful. On Monday, Wilson...
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Question: Julie does good deeds for countless people, and many are deeply grateful. On Monday, Wilson tells Julie, "You are a wonderful person, and I have a present for you. I am giving you this baseball, which was the 500th home run hit by one of the great players of all time." He hands her the ball, which is in fact worth nearly half a million dollars. On Tuesday, Cassandra tells Julie, "I only have a few weeks to live. I want you to have this signed first edition of Ulysses. It is priceless and it is yours." The book is worth about $200,000. On Wednesday, both Wilson and Cassandra decide they have been foolhardy, and demand that Julie return the items. Must she do so? Strategy: Both of these donors are attempting to revoke their gifts. An inter vivos gift cannot be revoked, but a gift causa mortis can be. To answer the question, you must know what kind of gifts these were. Result: A gift causa mortis is one made in fear of approaching death, and this rule applies to Cassandra. Such a gift is revocable any time before the donor dies, so Cassandra gets her book back. A gift inter vivos is one made without any such fear of death. Most gifts fall in this category, and they are irrevocable. Wilson was not anticipating his demise, so his was a gift inter vivos. Julie keeps the baseball.
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