Question: 1 5 . Assume that the statute in your state provides that Wakefield, the spouse, can renounce the will within six months of its admission
Assume that the statute in your state provides that Wakefield, the spouse, can renounce the will within six months of its admission to
probate and that she would be entitled by statute to one third of the estate and Grayson would be entitled to the remainder of the estate.
Prepare a conclusion for the Wakefield problem in exercise
Assume that the statements below are the law in your state concerning a gift. Draft a conclusion for the problem outlined in exercise
A gift is a voluntary transfer of property from one person to another without any compensation or consideration. To be a valid gift, it must
actually be made or executed. A gratuitous promise to make a gift in the future is not binding.
A living gift is called a gift inter vivos.
There are three requirements for such a gift: donative intent, acceptance of the gifts, and delivery.
Clark v Davis, Clark told Davis, a friend, that after he got his life together, he would give Davis his coin collection. Until that time, Clark
planned to use the collection, show it and maybe sell some of it Court said that a donor must have a present mental capacity and intent to give
away his property. Court held that there was no present intention to make a gift of the collection to Davis. Therefore, a gift was not made.
Wally v Allan, Wally gave Allan a guitar for use in his rock band. The court found that Allan accepted the gift. When a gift, such as the guitar,
is beneficial to the donee, acceptance is presumed.
Lois v Kate, Lois told Kate that she planned to give her a CD Kate asked when she would give it to her. Lois said that she would leave the CD
at the front desk of her record company. Lois left the CD at the desk and did not mention that Kate needed to leave any money to pay for the
CD Therefore, the court said that delivery of a gift occurred when Lois left the CD at the front desk, although delivery generally occurs when a
party hands the gift over to the other party. The above situation also amounts to delivery.
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