Plaintiff became engaged to Loretta Burns in 1914 and gave her a diamond ring. This engagement was ended in 1917 and the ring returned. A period of estrangement followed. In 1921, plaintiff gave her a dinner ring, in 1926 a wrist watch, in 1927 an onyx ring, in 1928 a diamond ring. Each gift was given on Christmas Eve. Loretta died in 1935, leaving defendants as heirs and next of kin. Plaintiff filed a suit in replevin and later a declaration in trover and conversion for these gifts. Held, after concluding that the evidence warranted a finding of an engagement to marry, that plaintiff could not recover. At the time of her death, Loretta had possession as against all other persons. As she did not breach the contract to marry, plaintiff had no right to claim the gifts from her heirs or personal representative. Urbanus v. Burns, 300 ill. App. 207, 20 N. E. (2d) 869 (1939).
Michigan Law Review,
GIFTS - MARRIAGE AND DIVORCE - RESTITUTION OF GIFTS GIVEN IN CONTEMPLATION OF MARRIAGE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol38/iss2/18