must a binding gift require actual delivery

Found inside – Page 3-52A promise to make a gift is ordinarily not enforceable , and a gift must be ... The manual transfer of the property to the donee is called actual delivery . Found inside – Page 248As there must be actual delivery , cautions , for the same reasons which induce it so there must be actual acceptance ; in other to lay ... thing in in substitution of wills , and to avoid the spehis custody ; but in this case the gift is not com- cial requirements made by the law in ... possession , although previous and continaaccepted in such a way as to bind the drawee . ous , is sufficient without delivery ; as if ... Found inside – Page 2300was & a pressure line was not proximate cause sons accompanied by delivery of the cash consideration of $ 25 and an ... if finding that negligence of gas the pass book or notice to the bene- dependent advice was not required to company in failing to ... The validity of the con " gift " there must have been an intenveyance of life policies as by gift un tion to make a gift and ... Commission lege that an instrument on its face ap donor to make gift , actual or symbolier of Internal Revenue v . Found insideThreeelements are required:(1) the intent to donate, (2) actual delivery, ... To qualify asalegally binding contract,such an agreement must contain four ... Found inside – Page 630In both cases there must be an actual delivery of the thing given . ... A chose in action is the subject of gift , as a general proposition , but just what must be done to constitute a valid and binding gift " is not always clear from the cases ; it must be ... Found inside – Page 248As there must be actual delivery , cautions , for the same reasons which induce it 80 there must be actual acceptance ; in other to lay ... the thing in in substitution of wills , and to avoid the spehis custody ; but in this case the gift is not com - cial requirements made by the law ... possession , although previous and continuaccepted in such a way as to bind the drawee . ous , is sufficient without delivery ; as if ... Found inside – Page 867139 . nee must have an immediate right to the domin- By the delivery of a chattel to one , as a ion of the chattel given . ... upon proof of a parol gift by actual tradition from hand to hand , or by an dence of any agreement , or promise , made beexpression of the donor's willingness , that ... A gift executed by delivery is binding . Found inside – Page 221I should gift and delivery , as hy ale and grant , ” and in like to know what ... brought the bearing of the way of gift , but must by actual delivery or by ... Found inside – Page 1439197 , 10 S. E. 378 , 6 L. R. A. 515. night have the bond , and delivered him If the subject of a gift be delivered by the attorney's receipt ... gift of slaves , the slaves title to personal property given to her by must come into the actual possession of her husband , not evidenced ... chose is to be reduced into possession , to her , gives rise to the presumption of an the time , binding him to account therefor Miller v . Found inside – Page 168Smallpicce it was held that the verbal gift of a chattel , without actual delivery , does not pass the property to the donee ... bound to say I shall require a much higher authority than the note of an editor , however learned or eminent , to induce me ... Found inside – Page 375Thus , if I agree to do so much work for so much money , I must perform the ... and to perfect a gift , there must in all cases be an actual delivery of the ... Found inside – Page 61As has been intimated above , delivery , though essential , need not always be actual . ... right to make a binding and effectual voluntary gift of whatever is his own property , whether capable or incapable of manual delivery , whether in possession or ... from the owner this power , but merely to require that he shall do what , under the circumstances , will be reasonably equivalent to an actual 1 Gardner v . Found inside – Page 182137 , 848 . amount of property , and is not required to be made in the presence of any stated number of witnesses . ... [ a ] Gift causa mortis must be in apprehen- NECESSITY FOR DELIVERY , § 46 . sion of some present disease , or ... Distinction Between Gifts Inter Vivos [ a ] Actual delivery is essential to distinand Causa Mortis . guish a gift causa ... together with a delivery of the evi . dence and means of reducing the gift to out revoking the gift , it was binding as a valid gift causa mortis . Found inside – Page 409want of a consideration , yet a gift perfected is irrevocable by the giver ; and to perfect a gift , there must in all cases , be an actual delivery of the thing given , if ... But courts are inclined to watch such gifts with great caution , and require very clear evidence to support them . ... it is made , may be withdrawn by the party making it , as in the case of a bid at auction , which is not binding until the hammer falls . Found inside – Page 182137 , 848 . amount of property , and is not required to NOTES : be made in the presence of any stated num essentials of gift . ... [ a ] Gift causa mortis must be in apprehen- NECESSITY FOR DELIVERY , § 46 . sion of some present disease , or some other ... Distinction Between Gifts Inter Vivos [ a ] Actual delivery is essential to distinand Causa Mortis . guish a gift causa ... soon after withdence and means of reducing the gift to out revoking the gift , it was binding as a valid gift causa mortis . Found inside – Page 41A gift , to be valid and binding , must either be accompanied by the solemnity of a deed , or by that of actual delivery of possession ( o ) . Found inside – Page 482GIFTS . I. Of gifts , by the expressed intention and delivery of the donor . ... intention must be executed and carried into effect by an actual delivery. Found inside – Page 438The subject of the gift must be certain , and there must be the mutual ... It must be an actual delivery , so far as the subject is capable of delivery . Found insidemight mean either actual delivery or some form of constructive delivery, the delivery ... the notarial act as the form that makes the gift promise binding. Found inside – Page 265The delivery must be according to the manner in which the particular thing is susceptible of being delivered ; and that ... A parol gift , though it cannot be enforced at law , is morally binding , and though the chancellor cannot enforce such an obligation , he may find in its existence sufficient reason for refusing to enforce a merely equitable demand in favor of the donor . ... But this must be according to the nature of the thing given , and if there is not an actual delivery , an equivalent act ... Found inside – Page 19The court relied in part on the fact that the gift was clearly one in ... Courts have been more likely to require actual physical delivery in such cases. a. Found inside – Page 693The property of citizens and the its original purpose , it must be binding ; be . welfare of the city were in danger from in- yond such reasonable time it cannot be . ... A gift of a bond and mortgage is not tended as a gift cannot operate as a shown by an assignment which was ... Young , 80 N. Y. 438 , 38 delivered , it is sufficient without the actual de Am . Rep . ... Hayes , 24 N. C. 366 . by writing not under seal , and those in which it Such delivery is required both at law and in eq . is ... Found inside – Page 291A parol gift of land is not such , a title as , and produced the note on trial as evidence of his will be enforced by the ... GIFT . 1. Gifts inter vivos , like those causâ mortis , must GRANT be perfected by actual delivery . Reed v . Spaulding , 42 N H. 114 . ... c . , which he may require in his business , Y. , and which land I have already divided among to the extent of $ 50 . ... Held , also , that there was a ratification of a fails to sign the agreement or any way bind himsell previous gift to his sons ... Found inside – Page 383Fidelity Title & Deposit Co. , | cient and modern cases that a gift of a chattel 56 N. J. Law , 302 , 28 Atl . 585 , 23 L. R. A. ... with as a gift is not binding , and the party may directions to the payee to defray the funeral revoke his promise ; and a ... It must be an actual delivery , so far that the bank was not liable upon it to the as the subject is capable of delivery . ... 566 , 567 . der to complete the gift ; for the general rule Counsel for respondent have cited many is to require the utmost delivery ... Found inside – Page 693The property of citizens and the its original purpose , it must be binding : be . welfare of the city were in danger from in . yond such reasonable time it cannot be . ... A gift of a bond and mortgage is not tended as a gift cannot operate as a shown by an assignment which was ... Young , 80 N. Y. 438 , 36 delivered , it is sufficient without the actual de- Am . Rep . ... Hayes , 24 N. C. 386 . by writing not under seal , and those in which it Such delivery is required both at law and in eqis ... Found inside – Page 248As there must be actual delivery , cautions , for the same reasons which induce it 80 there must be actual acceptance ; in other to lay down ... having the thing in in substitution of wills , and to avoid the spehis custody ; but in this case the gift is not com- cial requirements made by ... possession , although previous and continuaccepted in such a way as to bind the drawee . ous , is sufficient without delivery ... Found insideHowever, certain property is incapable of physical delivery; ... the gift was complete because the deed of gift was legally binding.118 Delivery to Donee's ... Found inside – Page 208Gifts inter vivos have no reference to the future , and go into immediate and ... be a gift inter vivos , or a gift causa mortis ; -without actual delivery ... Found inside – Page 805... thing at the time may permit and said of gifts inter vivos is equally or indeed require ; as a delivery of a key which com - much more ... Thus , there must be not only delivery part for the whole , where the whole is too and acceptance , but this must be ... in be something that is as near actual delivery as his custody ; but in this case the gift is not com - may be possible . ... might , without paid or executed , or accepted in such a way as doing anything himself , as well and effectually to bind ... Found inside – Page 248As there must be actual delivery , cautions , for the same reasons which induce it so there must be actual acceptance ; in other to lay ... but in this case the gift is not com cial requirements made by the law in respect to plete and effectual until the order be presented wills , this ... or executed , or mere possession , although previous and continuaccepted in such a way as to bind the drawee . ous , is sufficient ... Found inside – Page 21... property may be divided in the manner intended here , if the other requisites of a binding transfer are found to have occurred . B. DELIVERY OF THE INTENDED INTERESTS The law requires proof of the delivery of gifts to protect alleged donors and their estates ... There must be a delivery which results in a present change of dominion and ownership . Intention or mere words cannot supply the place of an actual surrender of control and authority over the thing intended to be given . Found inside – Page 375Thus , if I agree to do so much work for so much money , I must perform ... and to perfect a gift , there must in all cases be an actual delivery of ... Found inside – Page 245The general rule is , that there must be an actual delivery of the thing , to constitute a valid parol gift . ... and key , delivery of the key , accompanied with words expressing a present intention to give , will satisfy the requirements of the law . ... where the terms of subscription to a corporation bind the stockholders or [ Semple v . Found inside – Page 700A gift from husband to wife is complete donor are accepted as amounting to a delivery where the husband delivers the ... is not practicable , for a wife receiving a gift from her binding or enforceable even in equity.70 And mere husband to take ... To constitute a completed gift from hus- the gift has been completed by actual delivery , band to wife the transaction must be consummated it is not required that ... Found inside – Page 693The property of citizens and the its original purpose , it must be binding ; be . welfare of the city were in danger from in- yond such ... An absolute written assignment in . tended as a gift cannot operate as a declaration of trust where the gift fails ( 137 N. Y. 215. ) ... Young , 80 N. Y. 438 , 38 delivered , it is sufficient without the actual de Am . Rep . ... Hayes , 24 N. C. 368 . by writing not under seal , and those in which it Such delivery is required both at law and in eqis evidenced by a deed or ... Found inside – Page 319To sustain the view that courts are not going to require delivery , either actual or symbolical , as against third parties , one might ... the English courts , where intent of the maker that the instrument shall be binding has been held sufficient without actual delivery . ... Then too , one might argue in support of this proposition that in all probability the requisite of delivery in the case of gifts was largely evidential . Found inside – Page 439It must be an actual delivery , so far as the subject is capable of delivery . ... If the thing given be a chose in action , the law requires an assignment ... Found inside – Page 716The subject of the gift must be certain , and there must be the mutual consent and concurrent will of both parties . ... so long as it remained in the hands of B. ( 6 ) A parol promise to pay money as a gift is not binding , and the party may revoke his ... If the thing be not capable of actual delivery , there must be some act equivalent to it . ... ( e ) If the thing given be a chose in action , the law requires an assignment , or some equivalent instrument , and the transfer must be actually executed . A valid gift causa mortis 6 ) a parol promise to pay money as a gift to be legitimate that... Dominion and must a binding gift require actual delivery from in- yond such reasonable time it can not.. 439It must be binding ; be ( 137 N. Y Page 61As has been intimated above, delivery, 46. The stockholders or [ Semple v and means of reducing the gift to be complete however! And delivery of gifts to protect alleged donors and their estates so as! Of control and authority over the thing INTENDED to be given has been above. For delivery, so it requires acceptance by him hands of B the. The mutual gift to out revoking the gift to out revoking the gift, it is sufficient without the de. 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