Davis v. Jacoby

Caro Davis was the niece of Blanche Whitehead. Caro had a very close loving relationship with both Blanche and her husband, Rupert. The Whiteheads lived in California; Caro, and her husband, Frank, lived in Canada.

Toward the end of their lives, Blanche and Rupert both became quite ill, and Rupert experienced some business difficulties. In these circumstances, Rupert wrote a letter to Frank suggesting that he and Caro come to California to care for Rupert and Blanche and to help Rupert with his business affairs.

The letter said, among other things, "come if you can come, Caro will inherit everything and you will make our lives happier and see Blanche is provided for to the end."

The court regards the letter as an offer to make a will under with Caro as the heir provided Frank and Caro come to California to care for Rupert and Blanche.

Question - Which of the following statements is correct?

Frank and Caro can accept this offer by promising to come to California and care for Rupert and Blanche if the offer invites or requires such an acceptance.

Frank and Caro can accept this offer by the performance of coming to California and caring for Rupert and Blanche if the offer invites or requires such an acceptance.

Both statements are correct.