Acquisition by Gift – Cases Flashcards
Newman v. Bost
A gift of “all the personal property in the house” is not effectively delivered by handing over the keys to the rooms of the house.
What kind of gifts were given in Newman v. Bost?
Inter Vivos:
1) Furniture in her room
2) Piano
Causa Mortis:
1) Household furniture
2) Life Ins. Policy
Was the insurance policy delivered?
Newman v. Bost
No delivery because the insurance policy could be actually delivered – especially in a causa mortis gift
if capable of delivery, we need actual delivery
Was the household furniture delivered?
Newman v. Bost
Constructive delivery
- Items too large for manual delivery
- Gifted keys to bureau that locked and unlocked said bureau
Was the furniture in her room delivered?
Newman v. Bost
The items in Newman’s bedroom were rightfully hers, as they had been purchased for her and were placed in her personal quarters for her private, and presumably exclusive, use
Was the piano delivered?
Newman v. Bost
Van Pelt bought the piano and called it “Miss Julia’s piano,” but he kept it in the parlor (not Newman’s private room), insured it under his name, and kept the proceeds when it burned.
This evidence is likely not enough to prove actual or constructive delivery of the piano but the case is remanded to the trial court so that Newman may attempt to present evidence regarding the piano
How was the father’s intent to give a gift shown?
Gruen v. Gruen
3 letters the son preserved
Letter from father to son while father was in NYC and son was at Harvard that said he was giving Michael the painting as a gift, but he wanted to keep it until he died
But the gift was never delivered?
Gruen v. Gruen
Father had a life estate in painting – so he had a right to use the painting until he died. When the father dies, the father gifted the title of the painting to the son – son has everything but possession rights
Why wasn’t delivery necessary here? (2)
Gruen v. Gruen
(1) It would have been unreasonable for the son to come to NYC from Harvard, receive the painting, and then hand it back over to the father
(2) Donative intent was clear in the 3 letters.
Gruen v. Gruen
The Gruen court said if the donative intent is clear, we can dispense the element of delivery.
The father’s letters to his son made clear that he was giving a vested remainder to his son in the painting.
Delivery?
Newman v. Bost vs. Gruen v. Gruen
Newman v. Bost
Delivery is the critical element in whether or not there is a valid gift.
Gruen v. Gruen
If the intent is strong enough, delivery won’t always be necessary.
