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Simpson v. Simpson

    Brief Fact Summary.

    Terry Simpson appealed a judgment that disallowed an inter vivos gift from his father because there was no attempt of delivery on the part of Donald Simpson.

    Synopsis of Rule of Law.

    Delivery is an essential component to an inter vivos gift.

    Facts.

    When Donald Simpson (Donald) died, he left his estate to his son, Terry Simpson (Terry). Terry claimed that Donald attempted to gift his guns to Terry while Donald was alive, but Donald never delivered the guns. The trial court ruled against Terry.

    Issue.

    Whether delivery is an essential component to an inter vivos gift?

    Held.

    Yes. There is no evidence of an inter vivos gift being made because there was no evidence of delivery, despite Terry providing evidence of Donald’s intent.

    Dissent.

    Dauksch, J.) The gift was sufficient because it is customary for a father to pass weapons down to his son.

    Discussion.

    Both intent and delivery are required to establish an inter vivos gift.


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