Smith v. Acorn

Summary

The court considers whether the execution and delivery of an assigned automobile certificate of title completed a gift inter vivos, despite the donor’s retention of physical possession and continued acts associated with ownership. It holds that delivery of the written instrument transferring title was sufficient delivery of the automobile and that the donor’s subsequent custody and use did not revoke or invalidate the gift. The judgment for the executor is reversed and the case is remanded.

Holdings

1. Delivery of the executed and acknowledged assignment on the certificate of title, together with donative intent, constituted sufficient delivery of the automobile and vested complete title in the donee.
2. The donor's continued physical custody and use of the automobile, insurance coverage, and registration activity did not nullify or revoke the completed gift.

Questions Presented

1. Whether execution, acknowledgment, and delivery of an assignment of an automobile certificate of title, accompanied by donative intent, constituted sufficient delivery to complete an inter vivos gift despite the donor's retention of physical possession.
2. Whether the donor's continued custody and use of the automobile, insurance coverage, and registration in his own name negated the completed gift or showed that the gift was testamentary rather than present.

Disposition

reversed_and_remanded