In Re Browns Estate

1. Gifts ? Words &; Phrases, "Gift," How to make. To constitute a "gift" of a chattel there must be an intention of donor to make gift, delivery by donor of subject matter, and acceptance by donee. 2. Gifts ? Delivery, how accomplished. Delivery of an instrument representing a chose in action, so as to result in a gift, may be actual, constructive, or symbolical delivery. If there is no such delivery of a chose in action, then a written assignment is necessary to constitute a gift. 3. Gifts ? Words &; Phrases, "Constructive gift." A "constructive gift" of instruments can be made by giving them to a third party with instructions to turn them over to transferee on transferors death or some other happening, but delivery is valid only if deposit is irrevocable and documents are placed entirely out of transferors power. 4. Gifts ? Acceptance of gift presumed. Where son and daughter knew of gift of joint bonds, acceptance by son and daughter of alleged gift could be presumed. 5. Gifts ? Manual delivery. Where actual manual delivery of property is possible, delivery should be so made, and, when transaction is directly between donor and donee, delivery should be as complete as circumstances permit. 6. Gifts ? Parting with dominion. Generally, a donor must go as far as the nature of the property and the circumstances reasonably permit in parting with dominion and making the gift irrevocable. - Page 452 7. Gifts ? Burden of establishing gift. Burden of establishing fact of a gift is on the person claiming the gift, particularly when fact of the alleged gift becomes a tax question. 8. Taxation ? Strict enforcement of rules of delivery. Where gift is substantially testamentary, the only question in inheritance tax litigation is whether the gift took place during donors lifetime or at donors death, and strict enforcement of the rule of delivery is necessary in order to protect the public interest. 9. Gifts ? Gift not presumed. A gift will not be presumed, and one who asserts title by gift must prove it by clear, convincing, strong, and satisfactory evidence. 10. Taxation ? No "gift inter vivos" in case at bar. Where the second daughter, acting in behalf of her mother, purchased United States Savings Bonds and had them made payable in the alternative to her mother or son and to the mother and the second daughter, and the bonds were placed in a deposit box to which the first daughter and mother had access, there was no "gift inter vivos" of bonds, and they were subject to inheritance tax on death of the mother, since there was no constructive delivery. 11. Gifts ? Delivery to third person. In order to have delivery of a gift of bonds to a third person as agent for use of donee, circumstances must indicate, as in an actual manual delivery, that the donor had relinquished all control, and has irrevocably passed title without any reference to the future, and without any intention of repossessing the bonds, and has thereby placed them entirely out of the donors power. 12. Taxation ? Effect of co-ownership in bonds. The fact that daughter had bonds registered in her name as co-owner did not accomplish transfer where the mother authorized the daughter to draw the money and place the bonds in a deposit box jointly held with the mother. 13. Gifts ? Provision for written assignments. To make gift clear, definite and certain as is required for the purpose, the law provides for a written assignment.