Bob is camping in the mountains one cold winter night with his friend,Alfred.Bob writes a postcard to his college roommate that says,"Dear Frank,I am giving you the antique desk in my Denver home.Come pick it up once I am back in town.With kind regards from your freezing cold friend,Bob." Bob freezes to death at his campsite an hour later.Bob has no will,but his wife is his only heir.Which of the following statements is true?

Question

Quizplus · Accepted Answer

In order for a gift causa mortis (a gift made in contemplation of death) to be effective, three requirements must be met: (1) the gift must be made in anticipation of the donor's imminent death; (2) the donor must die as a result of the anticipated peril; and (3) the donor must not have revoked the gift before his or her death.

In this case, Bob did not meet the first requirement because he did not make the gift in anticipation of his imminent death. He simply wrote a postcard to his friend. Additionally, Bob did not die as a result of the anticipated peril. He froze to death, which was not the peril he was anticipating when he wrote the postcard. Finally, Bob did not have the opportunity to revoke the gift before his death because he died so quickly after writing the postcard.

Therefore, there has not been an effective gift made in this situation, and Frank would not be entitled to the desk. Bob's wife, as his only heir, would inherit his property.

Bob Is Camping in the Mountains One Cold Winter Night