GIFTS Flashcards
Can intent be conditional?
YES (e..g engagement ring)
Donee must return the ring if the break up s mutual?
Yes
Must the donee return the ring if she breaks off the engagement ?
YES
What must present for delivery to be valid?
The donor has the clear intent to divest himself of possession and title
How is actual physical possession showed?
The donee must establish dominion and take possession of property.
How is constructive deliver establish?
Mere declaration of intent to give gift is not enough the donor must give up possession
Delivery of gift by a writting sufficent?
The intent must be clear in writing
The gift must clearly be described
The document must be signed
The writing is not in his control with the intent that it reaches the donoee
Transfer of a check from donor to donee enough to establish delivery?
No the donee must receive the funds or the funds must be credited to his account
Transfer of a stock certificate enough even if the donor continues to receive dividends sufficent to establish delivery?
YES
Promissory note establishes Delivery?
Only if the donoee is the promisee
What is gift causa mortis?
Given in contemplation of death
Can a donoee collect from a gift causa mortis if the donor recovers from the Ilkness that placed him in contemplaton of death?
NO
The donor must have mental capacity for gift to be valid?
YES
The donor must have intent to give gift for it to be valid?
YES
