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Gruen v. Gruen
Some things to consider as you read this case:
1. The Gruen court concluded that Victor intended a present transfer of a future interest, rather than a future transfer of a present interest. What does this mean? Is there any difference between Victor telling Michael: (1) “I give you the painting when I die” and (2) “I give you the painting but I want to keep it until I die”? Note that Michael never took possession of the painting during his father’s life. It remained firmly in his father’s control during moves from New York City to California and finally to Austria. Should this matter?
2. The common law recognized three types of delivery: manual, constructive, and symbolic.
• Manual delivery: This means exactly what you think it means. The donor transfers physical possession of the item to the donee. For example, A manually delivers a book to B by handing it to her. Traditionally, manual delivery of a gift is required if practicable.
• Constructive delivery: Constructive delivery is generally used when physically handing over the item is impractical. Instead, the donor physically transfer an object that provides access to the gifted item. For example, C could hand D the key that opens the item, such as a locked desk or an automobile. While courts prefer manual delivery, constructive delivery is permitted if manual delivery is impracticable or impossible. Was constructive delivery available in Gruen? Could Victor have used this method to deliver the painting?
• Symbolic delivery: For symbolic delivery, the donor physically transfers to the donee an object that represents or symbolizes the gifted item, like the letters in Gruen. For example, a note from E stating that “I give my 100 Bitcoin to F” may be enough to deliver the coins to F. In many jurisdictions, symbolic delivery is allowed only if manual delivery is impracticable or impossible. Bitcoin have no physical existence, so there is no way to manually transfer them. But, what if the Bitcoin were stored on a Trezor cold storage wallet that was in E's pocket as she wrote the note?
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