[Lottery Winnings] Devin, a hypochondriac with a very compulsive personality and habits, was having minor surgery to repair a bone spur on his foot. Just prior to his surgery, he purchased a lottery ticket for a chance at the grand prize of $30,000,000. He always kept lists of his lottery ticket numbers with him in his wallet. Devin's girlfriend, Kendra, went with him to the hospital. While in the waiting room, Devin said to her, "Kendra, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up; but please don't get another boyfriend." Kendra replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Devin came out of the surgery just fine but with a sore foot. While he was recuperating that evening, Kendra watched the lottery drawing and discovered that Devin's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Devin saw her on television with her new boyfriend, John. She appeared to be very happy. He checked the numbers and discovered that she won off of his ticket. Devin says that the lottery money is his.
-Which of the following best describes the outcome of Devin's statement that he made to Kendra regarding the lottery ticket prior to surgery?
A) Devin's statement created a gift causa mortis of the lottery ticket.
B) Devin's statement created a gift inter vivos of the lottery ticket.
C) Devin's statement created a gift inter mortis of the lottery ticket.
D) Devin's statement created a gift causa vivos of the lottery ticket.
E) Devin's statement was meaningless because of the condition of death placed on the gift.
Correct Answer:
Verified
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