Study each of the following cases carefully. Briefly state the principle of law and your decision.
Gifts Harry and Marilyn Owen were divorced after a short marriage and entered into an agreement to divide assets. In addition to the division of personal property as agreed to and as recorded by the court, Marilyn claimed ownership of a Chevrolet automobile and one-half of a $24,000 certificate of deposit, insisting that they were both gifts from her former husband, Harry. Both the car, registered in Harry’s name, and the certificate were purchased by Harry before the marriage. He denied having given the car and a one-half interest in the certificate of deposit. Does it appear that the requirements of an inter vivos gift have been met, and will Marilyn be awarded the disputed property? [ Owen v. Owen, 351 N.W.2d 139 (South Dakota)]
Principle of Law:
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Decision:
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