WOO V. SMART 442 S.E.2d 690 (1994) CASE BRIEF

WOO V. SMART

442 S.E.2d 690 (1994)

NATURE OF THE CASE: This was a dispute over the disposition of an estate.

FACTS: William and Hing Woo met in connection with the operation of a restaurant established by her father. William was 51 when he died and Hing Woo was 39 and just finishing college. William became the manager in the restaurant and she assisted him in the operation. The couple was never married but maintained a close relationship that lasted for 19 years. In 1985, William was diagnosed with coronary heart disease. William had brothers and sisters in Hong Kong, Canada, and New York some of whom he was estranged from. Feeling bad two days before his death, William gave Hing Woo checks for $42,700 and $80,000. Feeling bad the next day he gave Hing Woo another $1,900 under the proviso that she would be provided for. William told Hing Woo that he wanted her to have the money. William died. Hing Woo cashed the checks after his death. The check for $80,000 was never presented as it represented funds in a savings account and there were insufficient funds in the checking account to cover it. The administrator of William's estate sought a declaration that the three checks were not effective gifts because they were not presented for payment and paid prior to William's death. Woo claimed that the checks were valid gifts causa mortis. The chancellor ruled that no gift was made and Woo appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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