Acquisition by Gift

Question 0

Causa Mortis gifts

Answer 0

made in contemplation of death
The law imposes strict requirements to further the policy encouraging creation of wills (however modern trend is to go with the donative intent rather than strict application of rules);
If donor lives/recovers the gift is revoked, but some jurisdictions require that the donor elect to revoke (not automatic)

Question 1

inter vivos gift

Answer 1

not impending on death; irrevocable once made

Question 2

3 elements of gifts

Answer 2

1. intent -presently not in the future
2. delivery
3. acceptance

Question 3

Intent

Answer 3

in the present, not the future

may be shown by oral evidence

Question 4

actual delivery

Answer 4

manually handing over the present to the donee

Question 5

symbolic delivery

Answer 5

like keys, or a deed; done when manual is impractical

Question 6

constructive delivery

Answer 6

handing something that gives access to the thing given, owner relinquishes control. like keys or a nice letter

Question 7

rule of delivery

Answer 7

best method under the circumstances; ie. symbolic delivery not sfficent where actual transfer is possible

Question 8

accepatance

Answer 8

normally impled unless there is a complete rejection

Question 9

newman v. bost

Answer 9

Sup. Ct. NC, 1898- Intestate’s wife died 10 years prior to his death, He hired an Orphan and intended to marry her. On his deathbed, he gave plaintiff his keys and told her everything in the house belonged to her. One key opened bureau that contained a life insurance policy, though intestate never said he wanted the plaintiff to have the policy. Court held the orphan was not entitled to the insurance policy. She can have the furniture from constructive delivery
Donatio Causa Mortis
Gift made as approaching death
Requires intention and delivery, (TBD by jury)
Intention- donor must “have known what he was doing”
Delivery- must be manual unless incapable

Question 10

gruen v. gruen

Answer 10

Ct. App NY, 1986 - Was this a valid inter vivos gift of the painting? Dad gave son a remainder interest in the painting with possession to vest at the time of dad’s death (father maintained a life estate interest in the painting). Court held you could create a life estate and remainder in a chattel. Intent was satisfied because he intended to transfer all interest in the painting at that time, minus his possessory interest. The letters between the father and son were evidence of symbolic delivery. The court presumed acceptance because the gift was valuable. Court found valid inter vivos gift. Here the issue was ‘what is being delivered?’ The court found it was a future interest, not the object itself (argue)
There was intention, acceptance and “constructive” delivery
An inter vivo gift of chattel can be by transfer of title (while retaining possession) and intent.