Gifts

Front 1

elements of a gift of personal property

Back 1

I. Donative intent
-must intend to pass title presently. Promise to give property in the future is not a gift.
2. Delivery of chattel
-actual
-constructive or symbolic(hand over the keys(constructive), giving a hand written note(symbolic))BUT ONLY WHERE ACTUAL DELIVERY WAS IMPRACTICABLE
3. Acceptance by Donee

Front 2

gift i-nter vivos

Back 2

Gift made while donor alive and not under threat of impdending death. irrevocable

Front 3

gift causa mortis

Back 3

gift made in contemplation of approaching death.

recoverable if the donor recovers. In practice, this is subsitute for am will, like a deathbed will.

if on the test, look at intent - did he intend irrevocable, or did he intend it to be revoked if he recovers/

Front 4

gift through third person

Back 4

Donor can give to a thrd person to hold for the donee. If this person is donors agent, no gift until delivery to donee, but if undependent agent or agent of donnee, git on delivery to agent.

Front 5

git hypo - deathbed gift of keys to furniture in the house. In a drawer in that bedroom is an insurance policy. Is the policy gifted?

Back 5

No because actual delivery was practicable, but the rest of the furniture is gifted because actual delivery was impracticable.

Front 6

revocable gifts

Back 6

NO GIFT if donee retains the right OR power to revoke the gift.

Ex: A gifts money to his daughters via a bank account in their name. Knows the pin and routinely withdraws - retained power to revoke and no gift.