even in the only evidence showing they had been made was an oral statement Its

Even in the only evidence showing they had been made

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even in the only evidence showing they had been made was an oral statement -It’s a tangible way of showing the intent behind the donor to give the gift to the donee b. Delivery through a 3 rd person: If a 3 rd person re-transfers the property to the donee, no problem arises, but if re-delivery doesn’t occur the transfer isn’t adequate 1. Agency test: transfer to the 3 rd person will constitute valid delivery only if the 3 rd party is acting as an independent agent, or as the agent of the donee; if the 3 rd party is the donor’s agent no delivery has occurred 2. Symbolic v. Constructive Delivery -Some types of chattel can’t be physically delivered b/c of their nature (furniture, stocks, etc.), and the cts. have adopted middle position to allow constructive or symbolic delivery, BUT, constructive or symbolic delivery will not be effective unless the donor has parted with dominion and control of the property a. Constructive Delivery: donor deliver the means of obtaining possession and control of the subject matter rather than making a manual transfer of the subject matter itself (i.e.: a key to unlock a bureau) b. Symbolic Delivery: Instead of the chattel itself, something else is handed over in its place (i.e.: A note saying, I give you my piano, signed Tom) c. NOT all cts. allow constructive or symbolic delivery, only actual 3. Gifts Causa Mortis: gifts made in contemplation of death a. Cts. are generally hostile to gifts causa mortis and impose stricter requirements for delivery b. Key element: The donor does not make the gift until he dies, therefore the donee must prove the transfer was intended as a present and irrevocable c. Revocation: if the donor does not die of the contemplated peril, the gift can be revoked; most cts. hold that the failure of the donor to die from the contemplated peril automatically revokes the gift even if the donor wants the gift to remain valid 4. Intent 9
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-In addition to delivery, there must be an intent on behalf of the donor to make a gift a. Intent to make present gift: the intent must be a present transfer of intent, and not one to take place in the future b. Present gift of future enjoyment: some cts. hold a donor may make a valid gift of a future interest in personal property subject to the donor’s life estate. Therefore even thought the donor doesn’t immediately deliver the subject matter or the gift to the donee, the intent to make a present gift will usually be found to have been satisfied. (i.e.: Gruen where father has present intent to give son future interest in the painting if father can keep it for his lifetime; then when he dies, it’s his) c. Policy behind intent: we require the donor to have intent to give so he is less likely to recant or revoke the gift, and also to prove he doesn’t want anything in exchange for his voluntary relinquishment of chattel in transferring its possession to another.
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  • Fall '08
  • lew
  • Possession, Real property law, Future interest

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