Newman v. . Bost

29 S.E. 848 · 1898

Facts

The plaintiff, a housekeeper, claimed several items from the estate of her deceased employer, J. F. Van Pelt, administered by the defendant. She sought $3,000 from a life insurance policy and $200.94 from household property, asserting these were donatio causa mortis. She also claimed $45 for bedroom furniture and $300 for a piano, alleging these were inter vivos gifts. Van Pelt had given the plaintiff keys and made general statements like "what is in this house is yours." The life insurance policy was in a bureau drawer in the room where the keys were given, and the bureau itself was present. The piano was in Van Pelt's parlor, and he insured it as his own, collecting insurance money after it burned. The bedroom furniture was located in the plaintiff's private chamber.

Issue

Did the deceased's actions, including giving keys and making general statements, constitute sufficient delivery to establish valid donatio causa mortis or inter vivos gifts of a life insurance policy, household furniture, and a piano?

Holding

The court held that the life insurance policy and the piano were not valid gifts due to insufficient delivery. However, the bureau and other large household furniture unlocked by the keys were validly transferred via constructive delivery. The furniture in the plaintiff's private bedroom was also deemed a valid inter vivos gift. The case was remanded for a new trial.

Rule

To constitute a valid gift, whether inter vivos or causa mortis, there must be both a clear intention to give and a delivery of the thing given. For items that are present and capable of manual delivery, actual manual delivery is required. Constructive delivery, such as handing over keys, is sufficient only when the items are not present or are incapable of manual delivery due to their size or weight. The court explicitly rejected symbolical delivery. The doctrine of donatio causa mortis is to be strictly construed and not extended, given its conflict with the spirit and purpose of the Statute of Frauds and Wills.

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