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Dean Is Preparing to Go into Surgery

Question 97

Multiple Choice

Dean is preparing to go into surgery.He tells his friend,Jerry,"You have been such a good friend to me all of my life.I want you to take this ring and keep it if anything should happen to me in surgery." Jerry is uncomfortable and reluctant to accept the ring.Dean insists.Dean does well in surgery,and subsequently asks Jerry to return the ring.Must he?


A) No; this was a clear gift inter vivos,made during the life of Dean.
B) No,because Dean insisted that Jerry accept the ring.
C) Yes; Dean lacked the capacity to make such a gift during the duress of pending surgery.
D) Yes; Dean's death was a condition requisite for the gift to take effect.

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