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Newman v. Bost: Difference between revisions
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(Created page with "{{Infobox Case Brief |court=https://www.quimbee.com/cases/newman-v-bost |citation=29 S.E. 848, 122 N.C. 524 |date=April 1, 1898 |subject=Property |rule=''Donatio Causa Mortis'' |case_text_links={{Infobox Case Brief/Case Text Link |link=https://casetext.com/case/newman-v-bost |case_text_source=CaseText }}{{Infobox Case Brief/Case Text Link |link=https://www.quimbee.com/cases/newman-v-bost |source_type=Video summary |case_text_source=Quimbee }}{{Infobox Case Brief/Case Tex...") |
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court= | |court=North Carolina Supreme Court | ||
|citation=29 S.E. 848, 122 N.C. 524 | |citation=29 S.E. 848, 122 N.C. 524 | ||
|date=April 1, 1898 | |date=April 1, 1898 | ||
|subject=Property | |subject=Property | ||
|rule=''Donatio Causa Mortis'' | |facts=*Mr. Van Pelt = an outright house owner; a wealthy man in North Carolina in the late 1800s whose wife was deceased; he didn't have any children | ||
*Mrs. Newman = the housekeeper of Mr. Pelt | |||
*Pelt gave Newman a set of keys & announced his desire to bequeath everything in his house to her | |||
*1 of the keys was to a bureau in his house which contained a $3,000 life insurance policy | |||
*In 1896, Van Pelt died intestate & without children in Statesville, North Carolina | |||
*Upon Van Pelt's death, a relative of Van Pelt named Mr. Bost emerged claiming to be the administer of Van Pelt's house & other possessions | |||
*Bost cashed in on all the belongings in the house | |||
* | |||
* | |||
|procedural_history=* Newman sued Bost in the Superior Court in North Carolina | |||
* Newman won in the trial court | |||
|issues=By handing over a set of keys, can a person effectively deliver a gift of all personal property located in the person's home? | |||
|holding=No; by handing over a set of keys only constructively delivers gifts that aren't present in the home or are incapable of physical delivery. | |||
|judgment=Reversed | |||
|reasons=Justice Furches: Most items in the house weren't gifted to Newman by constructive delivery when Van Pelt handed her the keys to the home | |||
|rule=''Donatio [https://www.quimbee.com/keyterms/gifts-causa-mortis Causa Mortis]'' | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://casetext.com/case/newman-v-bost | |link=https://casetext.com/case/newman-v-bost | ||
Latest revision as of 13:19, April 11, 2024
| Newman v. Bost | |
| Court | North Carolina Supreme Court |
|---|---|
| Citation | 29 S.E. 848, 122 N.C. 524 |
| Date decided | April 1, 1898 |
Facts
- Mr. Van Pelt = an outright house owner; a wealthy man in North Carolina in the late 1800s whose wife was deceased; he didn't have any children
- Mrs. Newman = the housekeeper of Mr. Pelt
- Pelt gave Newman a set of keys & announced his desire to bequeath everything in his house to her
- 1 of the keys was to a bureau in his house which contained a $3,000 life insurance policy
- In 1896, Van Pelt died intestate & without children in Statesville, North Carolina
- Upon Van Pelt's death, a relative of Van Pelt named Mr. Bost emerged claiming to be the administer of Van Pelt's house & other possessions
- Bost cashed in on all the belongings in the house
Procedural History
- Newman sued Bost in the Superior Court in North Carolina
- Newman won in the trial court
Issues
By handing over a set of keys, can a person effectively deliver a gift of all personal property located in the person's home?
Holding
No; by handing over a set of keys only constructively delivers gifts that aren't present in the home or are incapable of physical delivery.
Judgment
Reversed
Reasons
Justice Furches: Most items in the house weren't gifted to Newman by constructive delivery when Van Pelt handed her the keys to the home
Rule
Donatio Causa Mortis
Resources
