Sherman v. Stoner

Citations

• 78 Pa. Super. 189
• 1921 Pa. Super. LEXIS 357

Syllabus

<p>Gifts — Evidence—Sufficiency.</p> <p>A delivery hy gift must he such as the nature and situation of the subject given reasonably admits of, but it may be proved by the declarations of the donor, and when the donor declares that the gift was made at a previous time and that the donee had then become the owner, it is implied that delivery and every other formality necessary to create a gift had taken place.</p> <p>It is necessary that the evidence disclose a clear and unmistakable intention on the part of the donor to surrender his title to the subject of the gift, but where it sufficiently appears, the language of the donor and the circumstances surrounding the transaction may be sufficient to establish a completed donation.</p> <p>Where a donor gave the donee a valuable clock and afterwards signed a written declaration affirming such gift there is sufficient evidence to establish a transfer of the title, even although the donee allowed the clock to remain in the possession of the donor.</p>