Scherer v. Hyland

Catherine Wagner, who had lived with Robert Scherer (plaintiff) for fifteen years, received a settlement check and, on the same day, signed it, left it on the kitchen table with a note stating she wanted to leave all her belongings including the check to Scherer, and then committed suicide. The trial court found this constituted an effective gift causa mortis and awarded the check to Scherer, and the estate's administrator, Hyland (defendant), appealed after the appellate court affirmed, arguing Wagner had retained full control over the check up until her death and therefore never completed actual delivery.