Newman v. Bost

122 N.C. 524, 29 S.E. 848 (1898)

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Nature of the Case

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Facts

While on his deathbed, the decedent gave his housekeeper, Newman (P), his keys. He told her that he wished her to have everything in the house, pointing out particular furniture while on his sick bed. This was done in the presence of a witness, Houston. The intestate had previously announced his intention to marry P. Inside a piece of furniture was the decedent's life insurance policy, payable to his estate for the sum of $3,000. P claimed that the decedent gave this policy to her. The administrator of the decedent's estate, Post (D), claimed that no valid gift was made. D sold all the furniture and collected the proceeds of the sale of the personal items in the house. P sued D to regain the value of these items in conversion. At trial, it was discovered that the intestate’s wife had died 10 years before he did and that the intestate died without children and that P had in fact lived with him for 12 months before his illness. On the last day of March 1896, the intestate was stricken with paralysis and was confined to his bed until he died. In April 1896 he sent for Houston to nurse him in his last illness. When he realized that he was dying, he had Houston call P into the room and then made his gift to her. Houston relayed this story to P’s attorney Mr. Burke. The court held that a valid gift causa mortis was made and D appealed.