GIFTS-NECESSITY OF ACCEPTANCE

Authors

Abstract

The deceased was president of a water company and held stock in it. After his death the widow claimed part of this stock as a gift from her husband. A written assignment of the stock claimed, signed by the deceased, was introduced in the evidence to substantiate her claim. There was also evidence that the deceased had informed others that he had transferred most of his stock to his wife. But there was no proof that the wife knew of the transfer until after the death of her husband. Held, that an unconditional acceptance on the part of the donee is an essential element to the validity of a gift inter vivos and, since his death revoked the gift, any acceptance after that time was ineffectual. Cincinnati Finance Co. v. Atkinson's Adm'r (Ky. 1930) 31 S.W.(2d) 890.

Recommended Citation

GIFTS-NECESSITY OF ACCEPTANCE, 29 Mich. L. Rev. 936 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss7/25