Personal Property (Gifts)

Question 1

Gifts

Answer 1

The immediate transfer of property rights from the donor to the donee

Donee =

Donor =

Question 2

Inter Vivos Gifts

Answer 2

Gifts made from one living person to another

Question 3

Inter Vivos Gifts - Elements

Answer 3

Intent
Delivery
Acceptance

Question 4

Inter Vivos Gifts Element - Intent

Question 5

Inter Vivos Gifts Element - Delivery

Answer 5

Manual
Constructive
Symbolic

Question 6

Inter Vivos Gifts Element - Acceptance

Question 7

Gifts Causa Mortis

Answer 7

Gifts made by a living person in comtemplation of death

Question 8

Gifts Causa Mortis - Elements

Answer 8

1. Intent
2. Acceptance
3. Delivery
4. Gift was made in contemplation, fear, or peril of death
5. Donor’s cause of death must be the cause they had comtemplated.

Question 9

Gifts Causa Mortis - Revocation

Answer 9

Majority: If the donor recovers, the gift is automatically revoked Brind v. International Trust Co. (finding no gift causa mortis because P feared death during an operation, but recovered from the operation and never reaffirmed her intent to make the gift).

Minority: a Donor who survives her contemplated death must expressly revoke within a reasonable time, or else lose the right to revoke Restatement (second) of Property: Donative Transfers s31.3.