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Texas Tech Univ. School of Law

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Wednesday, April 9, 2014

A Poetic Mishap Leads Couple to Quarrel in Court

Poetry

A poem written by Jennifer Koerner recently became the subject of contentious litigation between her and Kent Nielsen, her live-in boyfriend. 

Koerner adopted a dog named “the Stig,” and on Christmas Day Koerner wrote a poem in which she expressed her intent to give the Stig to Nielsen. 

Once Koerner and Nielsen ended their relationship, Nielsen took the Stig with him.  Koerner pleaded for Nielsen to bring Stig home, but Nielsen refused.  After a bench trial, the judge found Koerner gifted the Stig to Nielsen by way of the poem and Nielsen was the Stig’s rightful owner.  On appeal, the court affirmed the judgment of the Cook County court, holding that Koerner made a valid inter vivos gift of the Stig to Nielsen.

 See Jeffrey R. Gottlieb, Gift by Poetry: Dogged Unfairness or Poetic Justice? , Law Offices of Robert H. Glorch, Apr. 1, 2014.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/04/a-poetic-mishap-leads-couple-to-quarrel-in-court.html

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Comments

We have an update. I received a copy of the poem at issue and posted it here: http://www.illinoisestateplan.com/gift-by-poetry-followup-exclusive-the-poem/

Posted by: Jeffrey R. Gottlieb | Apr 22, 2014 9:00:59 AM

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