CA Bar Exam 練習答案: Wills and Trusts (February 1990)

Bar Review Course作成のEssay答案は完璧すぎ＆長すぎて参考にならないという方向けに、過去に書きためた答案を公開していきます。公開するのは、私が実際に1時間計って解いた答案を、ギリギリ合格ラインまたは合格ライン少し上になるように手直ししたものです。手直しにあたっては某Bar Review Courseの採点表を参照しています。

問題文

February 1990
http://passthebar.com/master-essay-docs/pearce-master-essay-wills_trusts.pdf

When Bonnie was born in 1968, her Uncle Albert gave to Bonnie’s parents, Max and Carol, a $1,000 U.S. Savings Bond and 100 shares of Delta Company, a small California corporation. He told them that he wanted to encourage Bonnie to get a good education and asked that it be used for this purpose. Albert endorsed both the bond and the stock “to Max and/or Carol, for Bonnie.” Max and Carol thanked him for the generous gift and subsequently put the bond and the stock in a safe deposit box. Albert died in 1971.

In 1972, Max and Carol obtained a dissolution of their marriage. Bonnie continued to live with her mother, Carol, who remarried in 1974. Carol retained control over the bond and shares of stock. The bond matured in 1975 and Carol redeemed it for the face amount and placed this money in a joint, non-interest bearing checking account, which she owned with her new husband, Daniel. Carol told Daniel that the money was for Bonnie’s education and he never inquired any further. The 100 shares of Delta stock increased in value and, in 1976, Carol exchanged the shares for shares of ABC Corp., worth $5,000 at the time of the exchange. The value of the ABC Corp. shares steadily declined and is now approximately $250.

Meanwhile, Bonnie developed an interest in music and studied piano privately for many years until she became quite proficient. She was eventually able to obtain a partial music scholarship to attend the state university upon her graduation from high school. It was at this time that she first learned, from her father, of the existence of the gift from her Uncle Albert. She asked her mother for the bond and the stock, but her request was refused. Carol told Bonnie that the gift had been used to pay for the piano lessons.

What rights and remedies, if any, does Bonnie have against:
1. Carol? Discuss.
2. Daniel? Discuss.
3. Max? Discuss.

答案