Dorman v. Arnold

In addition to the point discussed in the majority opinion, I would add that there is no evidence in this case of any type of delivery. *230A gift requires more than a promise; it requires both intent to make a gift and execution by delivery or other transfer of the property. Thornton v. Rains, 157 Tex. 65, 299 S.W.2d 287, 288 (1957).

The delivery of a gift may be either actual or constructive. Bishop v. Bishop, 359 S.W.2d 869, 871 (Tex.1962). However, a review of numerous Texas cases on this subject reveals that both types of delivery require some positive act on the part of the giver.2

Arnold…