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Property Law Keyed to Kurtz
Foster v. Reiss
Citation:Supreme Court of New Jersey (1955.) 18 N.J. 41.
Prior to going into surgery, Decedent wrote a letter to her husband, Defendant. The letter stated that, in the case of her death, she wanted her husband to have some cash, a passbook, and a building and loan book. The letter also told her husband where to find these items in their home. There were three days between Decedent’s operation and the day of her death during which she was in a coma. Plaintiffs seek to recover the cash, passbook, and building and loan book from Defendant. Defendant claims that the items are rightfully his because there was a gift causa mortis.
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