SPEELMAN V. PASCAL
178 N.E.2d 723 (1961)
NATURE OF THE CASE: This was an action to enforce a lifetime gift of future earnings
against the donor's estate. Pascal (D) appealed from a decision, which affirmed a grant of
summary judgment for Speelman (P) in her action involving the assignment of a future
interest.
FACTS: Decedent obtained rights to produce a musical version of George Bernard Shaw's
play 'Pygmalion'. Before the musical was written or produced, decedent wrote a letter to his
secretary (P), in which he agreed to give her a share of the profits from the musical. The
letter was delivered to P. Decedent died before the musical was produced. When the musical
was finally produced, it proved to be highly successful, and P sued to enforce the gift made
in the letter against decedent's estate. The question presented in the lawsuit was whether
the paper constituted a valid, complete, present gift to P by way of assignment of a share
in future royalties when and if collected. The trial court granted P summary judgment and
ruled that P was entitled to receive the percentages set out in the 1954 agreement, required
D to render an accounting and to make payments. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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