A, ill and expecting to die, hands B the key of a warehouse in which A's bulky goods are stored,…
Illustration (ii) to section 191 holds that "B is entitled to the trunk and its contents or to A's goods of bulk in the warehouse". Section 191(2) requires delivery of…
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A, ill and expecting to die, hands B the key of a warehouse in which A's bulky goods are stored, intending to give B control over them, and asks B to keep them in case of A's death. A dies of that illness. What is B's position?
Answer and explanation
Correct answer B
Illustration (ii) to section 191 holds that "B is entitled to the trunk and its contents or to A's goods of bulk in the warehouse". Section 191(2) requires delivery of possession, and handing over the key with the intention of giving control over the contents is enough. A gift in contemplation of death does not need a will to take effect.