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Owner Recovers Dog Named "Macho" From Friend As Court Rules Owner Had Superior Possessory Right To Dog

By Bashian & Papantoniou
March 16, 2011

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To make a valid inter vivos gift (i.e. during one’s life) there must exist: (1) the intent on the part of the donor to make a present transfer, (2) delivery of the gift, either actual or constructive, to the donee, and (3) acceptance by the donee.  In this case, the Court ruled the owner of the dog lacked the capacity to have “donative intent,” as required for an owner to gift a dog to his friend.  The Court reasoned the friend’s admission that when he arrived at owner’s house to pick up the dog, the owner was “at wit’s end,” appeared intoxicated, and smelled of alcohol when he allegedly said he wanted to give dog to friend as gift, were insufficient to meet the requirements needed to find a valid inter vivos gift was made.   Accordingly the friend was ordered to return the dog to the owner within 7 days of its Order.  Read the  Opinion

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