Newman v. Bost
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| 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
