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Property Keyed to Merrill
Foster v. Reiss
Citation:
112 A.2d 553Facts
On April 30, 1951 the decedent, Ethel Reiss, entered a hospital in New Brunswick where she was to undergo major surgery. Just prior to going to the operating room, she wrote the note in her native Hungarian language to her husband. She placed the note in the drawer of a table beside her bed, at the same time asking Mrs. Agnes Tekowitz, an old friend who was also confined in the hospital, to tell her husband or daughter about it – “in case my daughter come in or my husband come in, tell them they got a note over there and take the note.” The decedent’s will gave $1 to the defendant and the residue of her estate to her children and grandchildren. The decedent’s personal representatives and her trustees under a separation agreement with the defendant, brought this action to recover the cash, the building and loan book from the defendant, who in turn claimed ownership of them based on the alleged gift causa mortis from his wife.
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