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Supreme Court of New Jersey - 112 A.2d 553, 18 N.J. 41
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The legal case involves a dispute over whether a husband received a valid gift causa mortis from his wife. The court emphasizes that for a gift to be valid, there must be actual, unequivocal, and complete delivery of the property during the lifetime of the donor. Mere words of donation are not enough, and there must be an actual transfer of possession and control of the property. In New Jersey, an informal writing that establishes donative intent does not satisfy the requirement of delivery, except in cases where it is a deed or a sealed instrument. The court has declined to expand the doctrine of gifts causa mortis, and the scope of such gifts should not be increased. In this case, the decedent's note to her husband was not a valid authorization for him to take possession of the chattels mentioned because the decedent was under ether and unable to transact business at the time. The decision of the higher court is overturned, and the decision of the lower court will be reinstated.
The passage discusses the validity of a gift made by a competent property owner to her husband through a note in anticipation of her death. The argument is that the absence of direct physical delivery should not invalidate the gift as the donor's intentions are paramount. Courts should be more flexible and accept other evidence of donative intent rather than placing too much emphasis on delivery. However, the strict delivery requirement is essential to prevent fraudulent claims. The delivery standard for gifts causa mortis is less rigorous than for gifts between living individuals due to their emergency nature. The delivery rule for gifts causa mortis should not be applied too strictly, and the specific circumstances of the case should suffice for delivery.
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