SCHERER V. HYLAND 75 N.J. 127, 380 A.2d 698 (1977) CASE BRIEF

SCHERER V. HYLAND

75 N.J. 127, 380 A.2d 698 (1977)

NATURE OF THE CASE: This was an action to determine ownership of property. Appealed. Hyland (D) appealed from a decision affirming a summary judgment by the trial court holding that decedent had made a valid gift causa mortis of a check to Scherer (P).

FACTS: Decedent and Scherer (P) lived together for a number of years prior to decedent's death. P had cared for decedent for several years following an accident which had left decedent disabled. On the day that decedent received a settlement check relating to the accident, she endorsed the check and left two handwritten notes on the kitchen table of the apartment she shared with P. One of these was a suicide note. In the other, she indicated her desire that P have all of her property, including the settlement check. That afternoon, decedent killed herself by jumping off the apartment building. After decedent's death, the police took possession of the check, which was then placed in an escrow account. P sued to establish his ownership of the check, arguing that decedent had made a valid gift causa mortis. On motion for summary judgment, the trial court found that there was a valid causa mortis gift. The Appellate Division affirmed this finding. The administrator of decedent's estate (D) appeals.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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