Quentin wants to give Rowena a pearl necklace that he has in his safe de-posit box at Security Bank. The bank is closed for a holiday. Quentin gives Rowena a key to the box and tells her to go to the bank after the holi¬day and take the necklace. Rowena does this. The next day, Quentin dies unex-pectedly. His heirs want the necklace. What type of gift was this? Can Rowena keep the necklace?


Yes, Rowena can keep the necklace. It was a gift inter vivos—a gift made during the donor's lifetime. (If the donor had presented the gift in expectation of his imminent death, it would have been a gift causa mortis. The donor died, but the death was unexpected.) The gift met all of the requirements for a valid gift: donative intent on the part of the donor, delivery, and ac¬ceptance by the donee. The necklace could not be physically de¬livered, be¬cause the bank was closed. Delivery of the key to the box was construc¬tive delivery of the necklace. The recipient of the gift is thus entitled to keep it.

Business

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