Banko v. Malanecki

I concur in the majority’s affirmance of that portion of the lower court’s order holding that appellant is not entitled to recover the monies spent to pay off appellee’s mortgage and auto loan, on the theory that said payment was intended as an inter vivos gift to appellee. The two requisite elements of an inter vivos gift were met here: the intention on appellant’s part to make an immediate gift to appellee, and delivery to appellee that divested appellant of dominion and control of the money. Hengst v. Hengst, 491 Pa. 120, 420 A.2d 370 (1980).

However, I dissent from the majority’s…