Old National Bank & Union Trust Co. v. Kendall

(dissenting) — I am in accord with the legal principles stated in the majority opinion, but I cannot agree that they have been correctly applied in this case.

As stated in the opinion of the majority, the essential elements of a valid gift of personal property are: (a) an intention on the part of the donor to presently give; (b) a subject matter capable of passing by delivery; and (c) an actual delivery at the time. In this case, it may be conceded that the subject matter, namely, the savings account, was capable of passing by delivery. But I do not believe that the evidence established either…