Newell v. Nat'l Bank of Norwich
Supreme Court of New York, Appellate Division
212 N.Y.S. 158 (App. Div. 1925)
In 1918, Emory Reynolds, a widower with no children, contracted pneumonia and believed he was dying. He gave a diamond ring to his friend Frank Newell (plaintiff), telling him it was a gift. Reynolds unexpectedly recovered and lived four more years. Newell insisted Reynolds wear the ring, and Reynolds did so while stating the ring still belonged to Newell. After Reynolds died, National Bank of Norwich (defendant), acting as executor, claimed the ring belonged to Reynolds's estate. Newell sued for possession and won at trial; the bank appealed.
Whether a gift made under apprehension of death is a gift inter vivos rather than a gift causa mortis when the donor intends the gift to take effect immediately regardless of whether the donor survives.