Acquisition by Gift

Question 1

Definition of Gift

Answer 1

A present, gratuitous, unconditional, transfer, voluntarily made by one person (donor) to another person (donee) without payment or consideration

Question 2

Three requirements for a valid gift

Answer 2

1. Donative Intent
2. Delivery
3. Acceptance

Question 3

Inter Vivos Gift

Answer 3

A gift that is irrevocable

Question 4

Gifts Causa Mortis

Answer 4

A gift made in fear of immediate approaching death

- the donor must die of the circumstances which gave them the fear - or else it is not valid and can be revoked

Question 5

Newman v. Bost

Answer 5

Newman - executor of VP’s estate
Bost - maid

Delivery is the critical element to a valid gift. It must be clear

Question 6

Gruen v. Gruen

Answer 6

Delivery in modern times is not the critical element to deciding a case

The critical element is donative intent. When the intent is clear, we can do away with the other elements.

Key point is that delivery always depends on the circumstances of the case

• the delivery necessary to consummate a gift must be as perfect as the nature of the property and the circumstances and surroundings of the parties will reasonably permit
• would have been unreasonable for the son to travel to NYC from MA.
• was also important the painting could not be handed over