Newman v. Bost

• 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

• Newman sued Bost in the Superior Court in North Carolina
• Newman won in the trial court

By handing over a set of keys, can a person effectively deliver a gift of all personal property located in the person's home?

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.

Donatio Causa Mortis