Newman v. . Bost

Citations

• 29 S.E. 848
• 122 N.C. 524
• 1898 N.C. LEXIS 296

Syllabus

<p>Donatio Causa Mortis — Delivery■—Constructive Delivery — Symbolical Delivery — Gifts Inter Vivos.</p> <p>1. To constitute a gift inter vivos or causa mortis there must be a clear intention to make the gift and a delivery of possession. Such intention need not be announced by the donor in express terms but may be inferred from what he said or did at the time of the delivery.</p> <p>2. Where the articles are present and are capable of actual manual delivery such delivery must be made in order to constitute a gift inter vivos or causa mortis ; but where the intention of the donor to make the gift plainly ax>poars and the articles intended to be given are not present,or, if present, are incapable of manual delivery, effect will be given to a constructive delivery.</p> <p>8. A donatio causa mortis requires but one witness and no publicity need be given to it; neither is probate or registration required.</p> <p>4. Where a donor in his last illness delivered to the donee the keys to a bureau in the room saying: “What property is in this house is yours”; Held, that it was a constructive delivery of the bureau but not of a policy of life insurance in a drawer of the bureau, since the policy was capable of manual delivery.</p> <p>5. Where the circumstances and declarations of the donor showed his intention to give the property in his house to a donee to whom he gave the keys saying: “What property is in this house is yours”; Held, that it was a constructive delivery of all furniture locked or unlocked by the keys but not of other furniture in the house.</p> <p>6. Where a donor bought and placed furniture in donee’s bed chamber, over which the latter had control, and the intention to make the gift was shown by uncontradicted testimony; Held, that such facts were sufficient to justify a jury in finding that there was a gift and delivery inter vivos.</p> <p>7r~- Where P bought a piano and placed it in his parlor over which lie had control, called it “Miss Julia’s piano,” but