[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 is true regarding Devin's statement at the hospital regarding Kendra taking the ticket?
A) Once Kendra accepted the ticket, a valid gift was made which could not be revoked.
B) Because there was no certainty that Devin would die, there was no valid inter vivos or causa mortis gift.
C) The gift was irrevocable based on the condition that Kendra never had another boyfriend; otherwise, she had to give the ticket and any resulting cash back to Devin.
D) The gift was irrevocable based on the condition that Kendra never had another boyfriend; but because the gift was of the ticket itself and not the potential winnings, once the ticket was converted into cash, the gift became fully irrevocable and the condition no longer applied.
E) Because he did not die and recovered from the surgery, his gift to Kendra was automatically revoked.
Correct Answer:
Verified
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