Carter v. Percy
Supreme Court of Nebraska
708 N.W.2d 645 (2006)
Relevant factsFree
Shortly before his death, the decedent, who had repeatedly told multiple people he loved his longtime housekeeper Carter (plaintiff) and wanted her to have his money, wrote her an $80,000 check to buy a liquor store and personally delivered it to her the evening before he died; Carter presented the check for payment the next day, after his death, and the estate's representative, Percy (defendant), refused to honor it. The trial court ordered the estate to pay Carter, and Percy appealed.
IssueFree
Whether a decedent's estate must pay a check written and delivered to a payee as a completed lifetime gift, even though the payee did not present the check for payment until after the decedent's death.