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Property Keyed to French
Woo v. Smart
Facts
William D. Yee had a close relationship with S. Hing Woo (Defendant) for 19 years. Yee was diagnosed with coronary heart disease in 1985. On March 27, 1989, Yee believed that he was near death. That day, he gave Defendant two checks for $42,700.00 and $80,000.00, and the next day he gave her a check for $1900.00. He told her that he wanted her to have the money if he died. On March 29, Yee died. The next day, Defendant received the proceeds for the $42,700.00 and $1900.00 checks. She was unable to receive the proceeds on the $80,000.00 check because it represented funds in a savings account. The administrator of Yee’s estate (Plaintiff) filed suit for the return of the $44,600 that Defendant had received from the two checks. Defendant argued that Yee had made giftscausa mortis, and so she was entitled to the proceeds of the checks. The trial court found that there was no giftcausa mortisbecause the money had not been delivered to Defendant before Yee’s death. Defendant appealed.
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