Personal property and fixtures

Assignment Help Operation Management

Reference no: EM132189046

Assignment - Personal Property and Fixtures

India Batten has 3 daughters and 5 grandchildren. Daughter Alpha has one daughter named Delta. Daughter Brava has 4 children named Echo, Fox, Galt and Hero. Daughter Charlie has no children. When India turns 68 years old she takes 5 envelopes and writes the name of each grandchild on one envelope. She puts $10,000 in each envelope, seals all the envelopes, and puts the envelopes in her top dresser drawer. India doesn’t mention the envelopes to anyone; but that year, as each grandchild visits her, she gives the appropriate envelope to the grandchild. Galt has a busy and difficult year, and does not visit his grandmother. India tells him on the phone that she understands he can’t visit, and she looks forward to seeing him.

India dies unexpectedly shortly after turning 69. The entire family comes to the funeral. At some point in time, Galt asks for his envelope. Alpha explains that after India died, Alpha was concerned about having so much cash in India’s house, and Alpha put the money in her own safety deposit box. Galt thanks Alpha and tells her that he would like to go to the bank with her to get the envelope. Charlie, who is very emotional about her mother’s death, interrupts to say that Galt should not receive the money because Galt did not visit his grandmother for an entire year, and doesn’t deserve it. Alpha does not know what to do; and she doesn’t want anyone to be angry with her. Everyone knows that India has a will that leaves one-third of her estate to each of her daughters. Answer the questions below relying on your book and your understanding of a gift. You shouldn’t need to do any additional research.

A. State the 3 requirements of a gift. Bullets are fine.

B. What argument would Galt make to prove that each requirement was met?

C. What argument would Charlie make to prove that none, or only one, of the requirements were met?

D. In your opinion, what did India intend to happen to the envelopes if she died before she gave the envelopes to her grandchildren? Explain whether you can prove to a court that you are correct.

E. Based on your answers above, do you think the court would rule in favor of Galt or Charlie? (Answers may vary. Support your answer.)

Reference no: EM132189046

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