Humberto called his friend John and asked him to come over immediately because Humberto had suffered a stroke and might be dying. In their telephone conversation, Humberto advised John that he wanted to give John his gold watch. Immediately after their
telephone conversation, Humberto wrote out a will that left his share in Blackacre to John. Blackacre was the marital home of Humberto and Connie, who owned the home as tenants by the entirety. Humberto died before John arrived at Blackacre. John claims the watch and a share in the home. Connie contests both matters. Decide.
John is entitled to neither property. As to the watch, a gift requires intent and delivery. In this case, there was intent but no delivery. The home, being owned by Humberton and his wife Connie as tenants by the entirety, cannot be transferred without her permission. Connie now owns the home solely and absolutely by survivorship.
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