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Braun v. Brown

California Supreme Court

94 P.2d 348 (1939)

Relevant factsFree

After suffering a stroke and being hospitalized at 67, Schmidt handed his longtime companion Braun (plaintiff) the key to his safe-deposit box in front of a witness, telling her everything in the box belonged to her and that she would no longer need to work; Schmidt died three weeks later. When the estate's administrator, Brown (defendant), refused to honor Braun's claim to the box's contents, Braun sued, and the trial court ruled the key-giving was a valid gift causa mortis (a gift made in contemplation of death); Brown appealed.

IssueFree

Whether a valid gift causa mortis occurs when the donor, under fear or peril of impending death, intends to make the gift, delivers it to the donee, and the donee accepts.

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