Question

Lottery Winnings. Frank, a hypochondriac who was also very compulsive, was having minor surgery to repair a bone spur on his foot. He had just purchased a lottery ticket for a chance at the grand prize of $30,000,000. Frank's girlfriend, Bubbles, went with him to the hospital. While in the waiting room, Frank said to her, "Bubbles, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up, but please don't get another boyfriend." Bubbles replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Frank came out of the surgery just fine but with a sore foot. While he was recuperating that evening, Bubbles watched the lottery drawing and discovered that Frank's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Frank saw her on television with her new boyfriend, George. She appeared to be very happy. He checked the numbers and discovered that she won with his ticket. Frank says that the lottery money is his. Which of the following is true regarding Frank's statement at the hospital regarding Bubbles’s taking the ticket?

Frank's gift was automatically revoked when he recovered, and the lottery ticket and any proceeds are validly his

A gift causa mortis can be revoked any time before the death of the donor and it is automatically revoked if the donor recovers

Answer 1

It's revoked and the money is for Frank

Step-by-step explanation:

A causa mortis is called a deathbed gift. It's given when one party is approaching death. If they do not die the gift is not to be given and if the party is still alive the gift can be revoked.

The premise of the gift was under the impression that it would belong to bubbles if, in fact, Frank did not make it. Clearly meaning, Frank is giving the money to Bubbles in the event that he dies.

Franks was not clear on the stipulations of the agreement if he were to live. This is where the exact terms of agreement was unclear.

Bubbles also was not honest and did not uphold her part of the agreement by not getting a new boyfriend. She also did not clarify the terms and conditions of what would happen if Frank were to live.

Since both parties were not completely of sound understanding the only way to resolve this is to contact the only witness, who has nothing to gain, the nurse.