Introduction To Transfer

Question 1

Intent to transfer gift

Answer 1

Donor must intend to make a present transfer of the donor’s interest

May be shown through oral statement or writings

Question 2

Can you give title but maintain possession?

Answer 2

Yes, gaining title and right of ownership is distinct from possession or enjoyment of the gift

Question 3

Delivery of a gift

Answer 3

Actual delivery is giving real possession to the immediate transfer. Physical and actual delivery. Must hand over to the donee with manifested intent to make a gift

Question 4

Gruen v. Gruen

Answer 4

P’s father wrote a letter on his 21st bday letting him know he was giving him a painting but wanted to hold on to gift until he died

Intent- orally statements and writing
Delivery- letters serve as instruments of gift
Acceptance- shown by P’s value in the gift (statements to friends, retaining letter)

Takeaway: you may give title but maintain ownership

Question 5

Inter vivos gift

Answer 5

A gift of personal property made during the donors lifetime and delivered to the donee with intent of irrevocable surrendering control over the property

Question 6

Three types of delivery

Answer 6

Actual- physical and actual deliver. Handing over the gift
Constructive- giving the key e.g. Giving the key to a bank account, writing a check, leaving a note (these open up access to what is being transferred with the idea that only that person can access it)
Symbolic- symbolizes the stuff, the actual thing that us being handed over e.g. Delivery of the letter in Gruen v. Gruen

Question 7

Gift

Answer 7

A gift is a voluntary transfer of ownership that is intentional, delivered and accepted

Not the intent to exchange!

Must be a present and immediate transfer