In Re Estate Of Smith

694 A.2d 1099 (1997)

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Nature of the Case

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Facts

Alfred decided he was going to kill himself. He wrote four checks. He then prepared a holographic will giving an option to purchase his '66 Corvette from his wife, Jean, for $12,000. Alfred then mailed the checks to his sister and niece accompanied with his suicide note and delivered the checks to his girlfriend and her sister. The two mailed checks were delivered two days after the suicide. Each of the parties knew of Alfred's death when they cashed the checks. Jean discovered the checks and demanded the money be returned; that was refused. Jean sued to recover the money. The trial court held that the checks were valid gifts causa mortis. Jean appealed.