Newman v Bost Brief PDF

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Newman v. Bost Supreme Court of North Carolina 1898 Proc Facts: Plaintiff won at TC, Def appealed Facts: Van Pelt died intestate with no children. In his final months, bedridden, he summoned Julia Newman (plaintiff), his housekeeper of ten years, to his beside. Van Pelt handed Newman a set of keys, and proclaimed that he wanted her to have everything in his house, including a locked bureau (the key to which was on the key chain he handed her) Claims:  $3,000 in life insurance collected- Causa Mortis  $200.94 collected from selling household property- Causa Mortis  $45 for collection of selling her bedroom property- Inter Vivos  $300 insurance money on piano- Inter Vivos Rule: Causa Mortis 1. Intent- need not be announced from owner in express terms, can be inferred from facts attending the delivery (what the donor said & did) 2. Delivery – Some accept symbolic, others require constructive of manual delivery even -Will give effect of constructive delivery where it plainly appears that it was the intention of the donor to make the gift, and where the items in question are not present, or are present but incapable of manual delivery due to size or weight. -In all other instances, manual delivery will be required Judgement/Reasoning: -insurance Policy: No, was little and could have been delivered, but wasn’t -Bureau/other heavy furniture unlocked using key: Yes, did not need to be manually delivered bc heavy and constructive delivery occurred as a result of keys -Other household furniture not using key: No, no delivery -Bedroom Furniture: Yes, Inter Vivos gift & exclusive use -Piano insurance $: Not likely, but needs to be shown with facts...