Although the scale was portable that does not cancel

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
the land. Although the scale was portable, that does not cancel its idea of being a fixture. A trailer and an inverter were included for the scale to become portable, which the plaintiff did not buy. The scale passed the test for examining whether or not the item was a fixture. 48-2 // O’Fallon v. O’Fallon Facts : Barney O’Fallen died on May 3, 1997 without a will. With three children, his oldest son, William, was chosen administrator of the estate. One of the items was a 1996 Chevrolet Camaro, which was purchased by Barney as a gift for other son, Ronnie. It was claimed that his gift was inter vivos. Barney retained title to the car. Mother, Linda Ngar, even admits that Barney planned on giving the car to Ronnie, as the father gave the keys to both Ronnie and Linda. Issue : Was the automobile a (inter vivos) gift to Ronnie? Holding : Ronnie earns full rights to the car. Rule of Law : There are several requirements to prove a gift is inter vivos : The donor had to have a sound mind; actual delivery must have been made; the donor had to have clear intent on giving the gift; the donor must relinquish all ownership; and the donee had to accept the gift. Although Barney still had title, Ronnie was merely a minor at the time. The fact that Barney gave the keys to the
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern