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First Nat. Bank of Lockhaven v. Fitzpatrick (State Report Title: Matter of Kelsey), 29 A.D.2d 450, 289 N.Y.S.2d 314

Facts

Clarence A. Kelsey, the testator, resided in Pennsylvania and intended to make gifts to his nephew's children, the infant respondents. After his death, the property was turned over to the infants by Kelsey's nephew, who had been instructed by Kelsey to deliver certain items to the boys if anything happened to him. However, Kelsey had retained control over the property, as he locked it in a box and handed the key to his nephew, indicating that he did not complete the delivery necessary for a valid gift.

On January 17, 1962 when testator's nephew, Bobbie, visited him, the testator asked him to go to his Flemington apartment and bring certain items which testator listed for him.

Issue

Did the testator, Clarence A. Kelsey, make a valid gift causa mortis to the infant respondents?

Rule

For a gift causa mortis to be valid, there must be intent, delivery, and acceptance, and the donor must have lost control over the property.

Effective delivery must put the subject of the gift out of the testator's possession and control.

Analysis

The court found that while Kelsey expressed a desire to gift the property to the infants, he did not relinquish control over it. The testator locked the items in a box and handed the key to his nephew, which indicated that he retained possession and control. Therefore, the court concluded that the delivery was not complete, and the legal requirements for a valid gift were not satisfied.

The testator did not hand the two paper bags to his nephew to hold and deliver to the respondent boys as their agent on testator's death.

Conclusion

The Appellate Division reversed the Surrogate's Court decision, ruling that the gifts were not valid due to the lack of delivery, and directed the infants to return the property to the ancillary administrator.

Accordingly the decree and judgment should be reversed on the law and facts, the respondents directed to deliver said property to petitioner.

Who won?

The ancillary administrator prevailed in the case because the court determined that the legal requirements for a valid gift were not met, specifically the requirement of delivery.

The Appellate Division reversed the Surrogate's Court decision, ruling that the gifts were not valid due to the lack of delivery.

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