Foster v. Reiss
New Jersey Supreme Court
112 A.2d 553 (1955)
- Written by Rocco Sainato, JD
Facts
Prior to undergoing major surgery in 1951, Ethel Reiss wrote a note to her husband, Adam Reiss (defendant). The note contained instructions for how to distribute certain possessions of hers and where to find said possessions. The tone of the note indicated that Ethel was aware she might die during the surgery, and as a result, she included instructions on where to find her will. The note granted Adam access to several of Ethel’s bank accounts and distributed smaller possessions to her children. Ethel died soon after her surgery. Her will granted Adam $1, with the rest of her estate to be distributed among her children and grandchildren. Ethel’s personal representative (plaintiff) then brought this action against Adam to recover the money from the bank accounts mentioned in Ethel’s note to Adam. The trial court ruled in favor of Ethel’s personal representative, stating that no gift had taken place granting Adam the money from the bank accounts in question. Adam appealed, with the appellate division reversing the trial court’s decision. Ethel’s personal representative then petitioned for certiorari to the New Jersey Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Vanderbilt, C.J.)
Dissent (Jacobs, J.)
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