Branscome v. Schaus

By Judge J. Michael Gamble

I am writing to rule upon the demurrer of Ms. Branscome to the cross-bill of Mr. Schaus. In this regard, the demurrer is overruled.

A gift may be conditional, and, in particular, it may be conditioned upon the completion of a marriage. Grossman v. Greenstein, 161 Md. 71, 73-74, 155 A. 190, 191 (1931);Brown v. Thomas, 127 Wis.2d318, 325-27, 379 N.W.2d 868, 872(1985).

The Supreme Court of Missouri held that gifts made in contemplation of marriage are conditional and, upon breach of the marriage engagement, the property may be recovered by the donor. Lumsden v. Arbaugh,…