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COPYRIGHT 2005 The Miami Herald
Byline: Martin E. Segal
Oct. 31--SO WHO GETS THE ROLEX AFTER FRIEND'S DEATH? QUESTION: My best friend Harry gave me his gold Rolex as he was going into the hospital for cancer surgery. He told me in the presence of witnesses that, "If I don't make it, the watch is yours." Well, the operation went OK, but he caught pneumonia while still in the hospital and died. Now Harry's heirs claim the watch belongs to his estate and are demanding that I return it. Isn't it legally mine?
--"Confused"in Davie
ANSWER: Your situation is an interesting blend of conflicting legal rules. You are the gift donee, and Harry is its donor. Harry unquestionably made some kind of gift to you, but your claim of ownership depends upon whether it was a completed:
--Gift inter vivos -- made during the donor's lifetime with the three required legal elements of donative intent, delivery and acceptance,
--Gift testamentary -- made in donor's valid last will and testament to be effective upon death, or
--Gift causa mortis --...
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