Acquisition by Gift

By
Real Estate Agent with Perry Wellington Realty

Acquisition by Gift

 

Must be intention to make a gift and delivery of the item by the donor to the donee

Once these conditions are meet you cannot take it back

Under the restatement you can give something through a writing saying that you gave it

Must still give the writing to the donee

 

Newman v. Bost p. 180

Housekeeper who the man wants to marry but he dies intestate

Giving her the keys and saying that it is hers is not enough when he could have physically handed it to her

donatio clause mortis – gift given because you are dying

causa mortis – no gift if you recover

gift inter vivos – gift given while alive

Statute of wills – have to have a writing and two witnesses to that writing

Giving her the keys is constructive delivery to whatever they can open

 

Gruen v. Gruen p. 187

Gifted the painting to his son in a letter but never actually gave it to him.

Court finds constructive delivery – appropriate under the circumstances

Should have had him come to NY and given it to him.

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