Bob is camping in the mountains one cold winter with a friend of his,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.What is true?

Question

Quizplus · Accepted Answer

An effective gift causa mortis is only made if the donor dies as a result of the contemplated peril, which here would be the cold weather in the mountains. However, Bob did not die as a result of this peril, but rather as a result of a different cause. Additionally, because the postcard was not actually mailed, no completed gift was made before Bob's death. Finally, even if the postcard had been mailed, Frank would not have the donative intent required for a valid gift because it was not an immediate gift but rather one to be received at a future time, and because it was conditional on Frank taking action (coming to pick up the desk). Therefore, an effective gift has not been made here.

Bob Is Camping in the Mountains One Cold Winter with a Friend