[Lottery Winnings] Devin, a Hypochondriac with a Very Compulsive Personality

question 87

Multiple Choice

[Lottery Winnings] Devin, a hypochondriac with a very compulsive personality and habits, was having minor surgery to repair a bone spur on his foot. Just prior to his surgery, he purchased a lottery ticket for a chance at the grand prize of $30,000,000. He always kept lists of his lottery ticket numbers with him in his wallet. Devin's girlfriend, Kendra, went with him to the hospital. While in the waiting room, Devin said to her, "Kendra, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up; but please don't get another boyfriend." Kendra replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Devin came out of the surgery just fine but with a sore foot. While he was recuperating that evening, Kendra watched the lottery drawing and discovered that Devin's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Devin saw her on television with her new boyfriend, John. She appeared to be very happy. He checked the numbers and discovered that she won off of his ticket. Devin says that the lottery money is his.
-Which of the following statements is true regarding rightful ownership of the lottery money?

• A) Devin's gift was automatically revoked when he recovered, and the lottery ticket and any proceeds are validly his.
• B) Although the gift was not automatically revoked on his recovery, Devin has the right to revoke the gift and recover the lottery proceeds.
• C) The gift was not automatically revoked on his recovery; therefore, because Devin did not revoke the gift prior to Kendra cashing the ticket, he has no rights to any funds.
• D) Devin has the right to all funds only because Kendra has a new boyfriend.
• E) Devin has no rights because once he gave the tickets to Kendra, he gave up all his rights to them.

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