Newman v. Bost: Difference between revisions
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|date=April 1, 1898 | |date=April 1, 1898 | ||
|subject=Property | |subject=Property | ||
|facts=* Mr. Pelt = an outright house owner; a wealthy man in North Carolina in the late 1800s | |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 | *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 | *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 | *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 | |||
|rule=''Donatio Causa Mortis'' | |rule=''Donatio Causa Mortis'' | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 13:07, 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
Rule
Donatio Causa Mortis
Resources
