Thursday, October 11, 2012

Gruen v. Gruen (conditional gift of painting)


a.       Facts- P asserted that his father gave him a painting for his birthday, which is supported by letters. However, his father wished to retain possession of the painting until his death. P never took possession of the painting during the father’s lifetime, but sought possession upon his father’s death. D claimed that the gift was testamentary in nature, thus rightfully retaining an interest in same.
b.      Procedural History- Trial Ct found for D. Appellate Ct reversed.
c.       Issue- Whether a valid inter vivos gift of a chattel may be made where: the donor has reserved a life estate in the chattel and the donee never has had physical possession of it before the donor’s death
d.      Holding- Yes, a valid inter vivos gift of chattel exists where the donor wishes to keep same only for their lifetime
e.       Rule- Intent to make the gift was present, the father satisfied the constructive delivery part of delivery element
f.       Rationale- Father basically gave a conditional gift, condition being his death
                                                              i.       
g.      Notes-
                                                              i.      What’s actually being given here?
1.      Title subject to a life estate, not possession. He’s been given a future interest
a.       Life estate means that you have a present possessory interest. At the ends of your life, said interest ends
b.      Future interest is NOT the same as a future expectation…future expectation is a PROMISE…PROMISES mean NOTHING
                                                                                                                                      i.      Future interest is a PRESENT legal entitlement…that triggers possession in the FUTURE
                                                            ii.      Same facts can satisfy both (1) constructive and (2) symbolic possession
                                                          iii.      Does email satisfy symbolic delivery?

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