Jackson v. Lamar

Citations

• 67 Wash. 385
• 121 P. 857
• 1912 Wash. LEXIS 1188

Syllabus

<p>Gifts — Intent—Delivery—Necessity. While the law favors the free disposition of property, and the rigor of the earlier cases as to gifts is materially relaxed, a mere expression of an intent or purpose to give is not alone sufficient, and delivery, actual or constructive, is essential.</p> <p>Gifts — Presumption—Evidence. An oral gift is not presumed, but title must be proven by clear, convincing, and satisfactory evidence.</p> <p>Gifts — Evidence—Sufficiency. The evidence is insufficient to show a gift by plaintiff’s intestate of a wheat crop for the year 1906, and a threshing machine purchased by the deceased in July, 1906, about four months prior to his death, he having a few years previously deeded a valuable wheat farm and made bills of sale of all his personal property to three nephews (the alleged donees) reserving a life estate, where it merely appears that the deceased had stated to a nurse and notary that he had given all his personal property to the boys, and there was evidence of neighboring farmers showing that the boys had been in full control of the farm, and that the wheat receipts had been indorsed to them; especially in view of the fact that, a short time before his death, he had given checks to them closing up his bank account, without making any transfer of the wheat or threshing machine, their management of the farm being consistent with the written arrangement whereby the deceased reserved to himself all the rents and profits, and with his retention of the wheat crop and his purchase of the threshing machine on his own account, and there being no legal evidence that he ever parted with title to the property in dispute, or of any change in the possession thereof.</p> <p>Gifts — Promise to Make Gift — Performance—Aoceftance. A gift cannot be supported by a promise to make a gift if the donee would come west and take charge of a farm, where the alleged donee, after coming west and acting upon the offer, accepted a deed of gift and a bill of sal