A Promise to Make a Gift
Part 2
In Part 1 of this blog we looked at the Meyer case and examined getting someone else to sign the will on behalf of a disabled Testator. It was part of an application for “Probate” that failed.
And what of the written promise to transfer the house to the former girlfriend? That unfortunately failed as there was no consideration for the promise.
Consideration, is a very basic concept of a binding agreement. I give you X and in return you give me Y. It matters not whether or not X and Y are of equal value, there simply must be an exchange. There was no exchange in the written promise. Further, for there to be a valid gift which we discuss in other blog articles, titled “Gift Gone Wrong” , one needs to be numerous factors, including delivery. There is no gift until the object is actually transferred.
In this 21 page decision, one cannot help but feel empathy for the former girlfriend, who had been strung along by her former partner. From a distance, it was obvious that Clark Meyer’s repeated promises and excuses showed that he had no intention of ever fulfilling the promise. That was obvious to Justice Sosna and played an important part in the decision he reached.
