In re the Proceeding by Tripp
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
H. T. Kellogg, Acting P. J.:
There are a few familiar principles of the common law which, for the purposes of this case, require restatement. The requisites of a valid gift are an intent to make an immediate gift, a delivery of the thing given, and an acceptance of the gift. The delivery may be either manual or symbolical. If the subject of the gift is a chose in action, such as a bank account, a delivery of the instrument which evidences it, such as a bank pass book, is sufficient. The delivery of the symbol, however, must be for the purpose of accomplishing a complete change of possession,…
2Cases cited4 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Clary v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1913
- In re of Appraisal of the Estate of BuchananAppellate Division of the Supreme Court of the State of New York · 1918
- Hayes v. ClaessensAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by15 opinions
- Edson v. LucasCourt of Appeals for the Eighth Circuit · 1930
- Havens v. HavensNew York Supreme Court · 1925
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
- Ball v. the Mercantile Trust Co.Missouri Court of Appeals · 1927
- Lett v. Twentieth Street BankWest Virginia Supreme Court · 1953
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