PROBATE CORNER
PROBATE CORNER
Gifts Made In Contemplation Of Death ( Continued )
DAVID M . GARTEN
( Ex . 6 ) John shoots himself and dies . Is the gift of the watch complete ? Maybe not . It may turn on whether the suicide was the result of a “ present mental illness ”. See Estate of Oaks v . Stouff ( In re Estate of Oaks ), 392 Wis . 2d 352 ; 944 N . W . 2d 611 ( Wis . App . 2020 ); c . c . Ray v . Leader Federal Savings & Loan Ass ' n , 40 Tenn . App . 625 , 292 S . W . 2d 458 ( Tenn . Ct . App . 1953 ), and Pikeville National Bank & Trust Co . v . Shirley , 281 Ky . 150 , 135 S . W . 2d 426 ( Ky . Ct . App . 1939 ) wherein the courts failed to find a gift causa mortis where the donor committed suicide . See also McGuire v . John Wanamaker , N . Y ., 273 A . D . 1022 , 79 N . Y . S . 2d 594 , 595 ( App . Div . 1948 ) and Bainbridge v . Hoes , 163 A . D . 870 , 149 N . Y . S . 20 , 23 ( App . Div . 1914 ) wherein the courts concluded , as a matter of public policy , that a gift causa mortis cannot be enforced when the donor died by suicide .
( c ) John is traveling to Europe by plane and is fearful that the plane may crash . On the way to the airport , John stops by William ’ s house and says “ You ’ ve always been a good friend William . Here , take my Rolex watch .” He then gives William the watch .
( Ex . 7 ) The plane crashes and John dies . Is the gift of the watch complete ? Maybe not . The gift must be made in contemplation of death from a present illness or “ impending danger ”. This condition will not be satisfied where gift was made in contemplation of death from an ordinary risk such as travel by car , railway , ship or airplane . The risks incident to travel by these means are not sufficiently great to classify that mode of travel as being particularly perilous . See Thompson v . Mechan ( 1958 ), O . R . 357 ( C . A .)
Practitioner ’ s Corner : As a general rule , these cases turn on the effectiveness of the delivery of the gift . What constitutes good delivery is a factual issue and turns on the difficulties associated with the transfer of property and the nature and kind of property being gifted . See Heyser v . Crane , 144 Fla . 663 ; 198 So . 472 ( Fla . 1940 ); Szabo v . Speckman , supra ; Estate of Oaks v . Stouff , supra .
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