Culpepper v. Culpepper

1. To constitute a valid gift, there must be the intention to give by the donor, acceptance by the donee, and delivery of the article given, or some act accepted by the law in lieu thereof. Civil Code, § 4144. The intention to give must be expressed. Acceptance by the donee (being generally presumed) may be implied; and though delivery must be proved, it may be proved by circumstantial as well as by direct evidence. ^

2. According to the evidence for the plaintiff, R., her uncle by marriage, in the presence óf his wife, who was the plaintiffs aunt, expressed an intention to give to the…