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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