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Garrison v. Union Tr. Co - 164 Mich. 345, 129 N.W. 691 (1910)

Rule:

After a gift is completed and the title has passed to the donee, he could loan it to the donor or to any one else without affecting the validity of the gift.

Facts:

The donee filed an action to recover possession of a diamond ring from his aunt's estate to which he claimed title by gift. The donee alleged that his aunt, the donor, gave him the ring at a dinner party but the donor requested its return until she was through with it. All of the dinner guests testified as to the circumstances surrounding the gift and that ever afterwards the donor spoke of it as the donee's ring. The jury found in favor of the donee. The donor's administrator filed an appeal arguing that there was no sufficient evidence to establish a valid gift.

Issue:

Can the donee validly claim that a ring was given to him as a gift even if the donor had the ring in her possession until her death?

Answer:

Yes.

Conclusion:

The court affirmed the ruling of the lower court and held that the declarations and admissions were properly admitted as corroborative evidence. The donee established a valid gift inter vivos. There was testimony that the donor intended to and did give the donee the ring, that she delivered it to him and that he accepted it, and that afterwards she borrowed it to wear until she was done with it. After the gift was complete, the donee was free to loan it to the donor or to any one else without affecting the validity of the gift.

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