1 thats why in the gruen case father gave title to

1. That’s why in the Gruen case, father gave title to son symbolically, but held onto it until
his death vs. saying that he would give it to him on his death.
d. Delivery – this is a required part of the law, require PROOF of delivery to show that you intended to give
i. Policy Reasons
1. Ritual – hands over another, realizes that it is finalized
2. Evidentiary – reliable, objective evident of intent to give
3. Protective – protects owner from giving items away through oral promise
ii. Alternative methods of delivery – does not have to be physically handed over
1. Actual delivery - property that is capable of being physically delivered (like watch)
a. Must do this if possible, if not, then can use constructive or symbolic (majority
view, however, restatement says this would be valid)
2. Constructive delivery – one can hand over the means of obtaining possession and
control of an item (i.e. a keys & title for a car,), specifically if it’s impractical to hand
over manually ( exam tip ).
a. Handing over dominion AND control
b. Newman v. Boast
1. Gifted to nurse all furniture and all that is in his house on deathbed.
Insurance policy in a piece of furniture that plaintiff is suing for, but
since Pelt didn’t explicitly state that all that is in furniture is yours,
policy money goes to estate holder.
2. B/c insurance policy was present in room when the furniture was gifted
to her, it could have easily manually been given, and since it was not,
the theory of constructive delivery is not applicable.
3. Bureau YES because the key was given to the servant
4. Servant does not have dominion over piano, needed to show that it was
hers (i.e. have someone move it into her room)
5. Bedroom furniture YES, since it was in HER room.
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6. BEST way to transfer property is with a will, these cases come up
when they don’t have a will
3. Symbolic delivery – if actual delivery impracticable (too large, situation doesn’t permit).
Handing over item that is symbolic of the thing given (usually in writing).
a. Handing over dominion AND control
b. Unsealed vs. sealed instrument – debate over whether this allows for symbolic
delivery
c. Informal writing as symbolic deliver OK, but only if manual delivery is
impracticable
d. Debt or remainder interests can be transferred by written instrument
e. Gruen v. Gruen
1. During his life, father communicated via letters to son that he intended
to give painting to him upon his death, but wished to retain possession
until then. Court ruled that this is a valid transfer inter vivos because:
a. He clearly showed the intent to give the painting with his
letters
b. Symbolic delivery was given (not constructive because he
didn’t give him dominion and control), because it would have
been impracticable for both parties to come to New York.