Donative Transfers

Question 0

Donative transfer

Answer 0

A transfer without value……a gift

Question 1

One of 6 pound rights

Answer 1

Transfer pers property

Question 2

To effectuate a DT?

Answer 2

DELIVERY (of a thing)
ACCEPTANCE (or lack of rejection)
INTENT TO GIVE

Question 3

Intent to give requires?

Answer 3

Intent to transfer title to donee.

Intent not to receive compensation in exchange

Question 4

Delivery

Answer 4

A legal concept

May or may not involve physical transfer , can have a legal transfer

Question 5

In re Cohn

Stock certificate not = owner
Inter vivos

Answer 5

Constructive delivery.
Cohn wrote note of a bday gift to wife of stock. Didn’t physically give her the certificate was Ina safe deposit being held. Died she never received certificates.
-Was an effectual gift. Intentions were clear.
Construct delivery occurred when he handed wife note, gift inter vivos.

Con

Question 6

Actual delivery

Answer 6

Thing itself is transferred

Question 7

Constructive delivery

Answer 7

Complete,legal control of thing is transferred

Question 8

Symbolic delivery

Answer 8

A thing is delivered to represent another, e.g., keys for a car
Symbolic delivery is a form of constructive delivery

Question 9

In re Cohn again

Answer 9

Until gift is delivered it is revocable

Question 10

Are gifts undelivered a gift?

Answer 10

No they are a promise of a gift & law will not enforce
In re Cohn.
Why delivery is so important. (Doesn’t have to be physical)

Question 11

Gift inter vivos

Answer 11

is a donative transfer
occurring during the lifetime of the donor

Question 12

Gruen v. Gruen

Answer 12

Victor Gruen by letter & orally gifted painting to his son w/agreement that dad would still possess painting until his death. Step mom refused give it said gift if will & invalid as inter vivos gift
Ct found for son. Wa valid even though son never actually had possession as long as evidence establishes intent then there is a present transfer of interest.

Question 13

Res

Answer 13

Latin for thing, piece of property that is subject of transaction

Question 14

What if fundamentally impossible to physically deliver the thing(res)?

Answer 14

No phys delivery is needed but MUST BE CONSTRUCTIVE DELIVERY.
*helps fight fraud

Question 15

How do courts find out who is lying?

Courts hate delivery.

Answer 15

“Did he give it to you?” “U have possession of it?”

No? Then he didn’t give it to you.

Question 16

Gift cuasa mortis?

Answer 16

“a gift of personal property made by a party in expectation of death, then imminent, and upon the essential condition that the property shall belong fully to the donee in case the donor dies as anticipated, leaving the donee surviving him, and the gift is not in the meantime revoked, but not otherwise”

Can be constructively delivered into hands of donee.

Question 17

What if didn’t die as anticipated?

Answer 17

Gift automatically revoked
(Even if died a day later another way) not cause specific

**many states give a reas time to revoke if don’t die.

Question 18

Foster v. reiss

Rules for gifts causa mortis

Answer 18

Ethel reiss b4 surgery note to husband where $ was in house. He found note while she was in coma. She died. Will gave husband a dollar & rest to kids. Trustees sued to recover items in note.
Delivery of property occur in cuasa mortis document?
No-just cuz he physic possess property not valid delivery cuz he had no knowledge was in house & could not possess it.
Intent was there but nondelivery

Question 19

Scherer v. Hyland

Causa mortis constructive delivery

Answer 19

Suicide, apt bldg. left him all poss including check for 17400 endorsed to him,plntf. Delivery sufficient for causa mortis?
Yes. Endorse check is universally understood. Left where he could see on tabletop, locked door no expecTion of returning. Donative intent clear by facts
=constructive delivery.