Property Keyed to Sprankling
Brind v. International Trust Co.
International Trust Company held Maria Brind’s, Donor, deposit, which consisted of jewelry and a letter that stated the jewelry was to be given to specified individuals if Donor died from an imminent surgery to remover her tumor. Donor did not die from the operation because the surgeon and Donor decided not to perform the incision that would result in her death. J. Fitz Brind, Donor’s husband, brought this replevin action as administrator of Donor’s estate to recover the jewelry from International Trust Company. Additionally, other individuals Donor indicated in her letter that would recover the jewelry became intervened and, later, became defendants. During trial, there was testimony that indicated Donor returned to International Trust Company after her surgery and stated that she still wanted to give the jewelry to her friends. Further, Donor’s attorney testified that he advised Donor that she may changed the disposition of her jewelry, and Donor indicated that she was uncertain if she would change her mind. The jury found the intervening defendants. Donor’s husband appealed on the grounds that Donor did not make the gift to the intervening defendants.
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