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Rich has dated Jill for about five years. He wants to marry Jill but he knows that she is afraid of commitment. On the fifth
Rich has dated Jill for about five years. He wants to marry Jill but he knows that she is afraid of commitment. On the fifth anniversary of their first date, Rich gives Jill a ruby ring. One month later, Rich's grandmother dies and leaves her home and all of her diamonds to Rich. Rich tells Jill she can have any diamond she wants if she will take the rest to a reputable jeweler and get them appraised and if she thinks the price is fair, sell the diamonds to the jeweler. Jill takes all of the diamonds to the local jeweler who appraises them and offers to buy them for 75% of the appraised value. Jill agrees but takes the most expensive diamond appraised at $100,000 out of the group before she sells them to the jeweler. The remaining diamonds are sold for $1.2 million. One week later, Rich becomes ill. He goes to the hospital and is told he has an incurable virus and only has two weeks to live. In shock, he checks himself out of the hospital, and goes home to die. The next day, he writes out a check for $1.2 million made payable to Jill. He then sends a note to her saying, "In contemplation of my death, I want you to have all of my money." Rich does not die. He had a rare but curable flu virus and was healthy in three days. He then goes to see Jill and finds that she has been living with Tom for the past two years. Rich demands the ruby ring, the diamond, and the $1.2 million back. Jill refuses. 2. What can Jill keep and why? Gift of Money A gift, in the law of property, has a very specific meaning. In order for a gift to be legally effective, the grantor must have intended to give the gift to the grantee. The gift must actually be delivered to and accepted by the grantee. Gifts can be inter vivos - during the life of the grantor - or causa mom's - made by the grantor in anticipation of his own death. A gift causa mom's (or donario mortis causa) is not effective unless the grantor actually dies of the impending peril that he or she had contemplated when giving the gift. Here Rich believed he was gravely ill, checks himself out of the hospital, and goes home to die. The next day, he writes out a check for $1.2 million made payable to Jill. He then sends a note to her saying, "In contemplation of my death, I want you to have all of my money."
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