Brief Fact Summary. Ethel S. Yahuda orally announced a gift of her library from herself to the plaintiff, a university in Israel.
Synopsis of Rule of Law. An oral declaration of a trust exists where the donor manifests an intention to impose upon herself enforceable duties of a trust nature. It is not enough that a donor express intent to be a donor
The factors that constitute a completed gift were set forth by the Connecticut Supreme Court in the Hebrew Univer. Assoc. v. Nye To support a factual conclusion of an executed inter-vivos gift, there would have to be a donative intention and at least a constructive delivery.View Full Point of Law
Issue. Whether a donor creates a trust where she orally states that she is transferring property to a third party
Held. No. The donor did not create a trust by announcing a gift to the plaintiff. The declaration did not show that she intended to act as a trustee. An oral declaration of trust does not exist if the donor does not manifest intent to impose upon himself enforceable duties of a trust nature, but only shows intent to be a donor.
Discussion. A trust did not exist here because the donor only expressed a desire to transfer a gift, not to serve as a trustee.