WHAT IF THE FACTS WERE DIFFERENT? Suppose that Piper had told Kauffman that she was giving the
Question:
WHAT IF THE FACTS WERE DIFFERENT? Suppose that Piper had told Kauffman that she was giving the rings to Kauffman but wished to keep them in her possession for a few more days. Would this have affected the court’s decision in this case? Explain.
Gladys Piper died intestate (without a will). At the time of her death, she owned personal property worth $5,150 in total, consisting of household goods, two old automobiles, farm machinery, and “miscellaneous” items. This did not include jewelry or cash. When Piper died, she had $206.75 in cash and her two diamond rings, known as the “Andy Piper” rings, in her purse. The contents of Piper’s purse were taken by her niece, Wanda Brown, on Piper’s death, allegedly to preserve them for the estate. Clara Kauffman, a friend of Gladys Piper, filed a claim against the estate for $4,800. For several years before Piper’s death, Kauffman had taken Piper to the doctor, beauty salon, and grocery store; written her checks to pay her bills; and helped her care for her home. Kauffman maintained that Piper had promised to pay her for these services and that Piper had intended the diamond rings to be a gift to her. The trial court denied Kauffman’s request for payment of $4,800 on the basis that the services had been voluntary. Kauffman then filed a petition for delivery of personal property (the rings), which was granted by the trial court. The defendants—Piper’s heirs and the administrator of Piper’s estate—appealed.
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Business Law Text and Cases
ISBN: 978-1111929954
12th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross