1L Subsequent possession by gifts

• a voluntary irrevocable present transfer of property without any consideration
• received

• A)
• Focus on chattels and not real
• property

3 Elements of a valid gift—

A) Intent

B) Delivery

C) Acceptance

• irrevocable
• present

intent to transfer the item to the other.

G.R.—if an object can be handed over, it must. Must use the best mechanism of delivery possible

I) Actual—physically transfer gift of donor to donee.

• II) Constructive—transfer of something that provides access to the gift;
• used only if actual is not possible b/c it’s too large to hand deliver

• III) Symbolic—transfer
• something that represents the item.

irrevocable present transfer made between living persons without any consideration

Present or future intent to transfer interest?

• The correct test for
• determining donatives intent is whether the maker intended the gift to have no
• effect until after the maker's death, or whether he intended it to transfer
• some present interest. As long as the evidence establishes an intent to make a
• present and irrevocable transfer of title or the right of ownership, there is a
• present transfer of some interest and the gift is effective immediately.

• gift made under apprehension of
• immediate approaching death. I

If death does not come, then the gift is revoked.

Same gift elements + donor dies

• Causa mortis is strictly construed and applied b/c it’s
• an exception to a will. It actually supersedes a will if causa mortis is valid.