Scherer v. Hyland

Facts

Catherine Wagner (Decedent) and the Plaintiff, Robert Scherer, lived together for approximately fifteen years before Wagner’s death in 1974. In 1970 the couple were involved in a car wreck which left Wagner with facial wounds and a broken hip which forced her to give up her job. Wagner became seriously depressed. After the accident Plaintiff assumed the responsibility to care for Wagner as well as her finances. Wagner had at one time attempted suicide by slashing her wrists. On January 23, 1974, Wagner committed suicide by jumping from the roof of the apartment building in which housed her and the Plaintiff’s apartment. On that same day, prior to the jump, Wagner had received a check for $17,400.00, in settlement for the injuries sustained in the car wreck. Plaintiff endorsed the check in blank, then wrote a suicide note to Scherer which “bequeathed” to Plaintiff all her possessions including the check for $17,400.00. Then, Wagner jumped to her death. The police, in investigat ing the death, entered the apartment and found the note and the check. The check was taken as evidence and eventually deposited in an interest bearing account pending the outcome of the litigation. Plaintiff sued the administrator of the Decedent’s estate for the money, based on the theory that the writing and the check indicated a desire by the Decedent to make a gift causa mortis to Plaintiff. The trial court found that a valid gift causa mortis of the check had been made and the intermediate appellate court affirmed. The administrator of the Decedent’s estate appealed.