Legal Opinion

In re the Proceeding by Tripp

Appellate Division of the Supreme Court of the State of New York

Decided June 19, 1923PublishedCited by 15 opinions

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

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Clary v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1913
  3. In re of Appraisal of the Estate of BuchananAppellate Division of the Supreme Court of the State of New York · 1918
  4. Hayes v. ClaessensAppellate Division of the Supreme Court of the State of New York · 1919

3Cited by15 opinions

  1. Edson v. LucasCourt of Appeals for the Eighth Circuit · 1930
  2. Havens v. HavensNew York Supreme Court · 1925
  3. In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
  4. Ball v. the Mercantile Trust Co.Missouri Court of Appeals · 1927
  5. Lett v. Twentieth Street BankWest Virginia Supreme Court · 1953

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