Scherer v. Hyland

380 A.2d 698 · Supreme Court of New Jersey · 1977

Facts

Catherine Wagner and Robert Scherer lived together for approximately fifteen years. After an automobile accident in 1970, Ms. Wagner's physical mobility was impaired, and Scherer assumed financial responsibility for their household. Weeks before her death, Ms. Wagner was acutely depressed and attempted suicide. On January 23, 1974, she received a $17,400 settlement check from her accident claim. That same day, she committed suicide by jumping from her apartment building. Police found the check, endorsed in blank, and two handwritten notes on her kitchen table, one expressing love for Scherer and the other bequeathing all her possessions, including the check, to him.

Procedural history

The defendant, Administrator ad litem of the Estate of Catherine Wagner, appealed an Appellate Division decision. The Appellate Division, with one judge dissenting, affirmed a summary judgment by the trial court. The trial court had held that Ms. Wagner made a valid gift causa mortis. This court affirmed the Appellate Division's decision.

Issue

Did Ms. Wagner's actions of endorsing the check, placing it on the kitchen table with a note expressing donative intent, and then committing suicide, constitute sufficient delivery to establish a valid gift causa mortis? Can suicide be considered an imminent peril sufficient to sustain a gift causa mortis?

Holding

Yes, the court affirmed the lower court's decision, holding that Ms. Wagner made a valid gift causa mortis of the check to Robert Scherer. The constructive delivery was adequate, and suicide constitutes a sufficient imminent peril.

Rule

A donatio causa mortis is a gift of personal property made in expectation of imminent death, conditioned on the donor dying as anticipated. While delivery is required, a flexible approach allows for constructive delivery when there is unequivocal proof of deliberate donative intent, clear indication of intent to make a present transfer, and the donor's steps were deemed sufficient to pass interest. The major purpose of the delivery requirement is evidentiary, to prevent fraud. Suicide, as a fixed purpose to end one's life, constitutes an imminent peril sufficient to sustain a gift causa mortis. Acceptance of an unconditional and beneficial gift causa mortis is implied, even if the donee learns of it after the donor's death.

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Case brief last reviewed 2026-10-01. Prepared by CaseReader from the published opinion.