3,tit.29, De Inofficiosis Donationibus. Where the donor has retained possession of a valid conditional gift, revocation could be indicated by gift and physical delivery of the property to someone other than the donee during lifetime of donor, or by rescission in a will, where it appears the condition in the gift will not be honored. The testimony at trial, gifts of some of the items to other parties and the rescission of lifetime gifts expressed in the will, established revocation of the gifts because the donor felt plaintiffs would sell the items in the market place instead of meeting the condition in the Declaration of gift that the property be retained for donor's descendants or at least offered to them before any proposed transfer. The will was made three years after the gift declaration, shortly after Mrs. Van Scoter's her visit to plaintiff's home in Skaneatlas. The Court notes the will was prepared by the attorney who prepared the declaration of gifts.
Judgment is awarded to defendants.
Because the issues and lawsuit were prompted by Declaration of Gifts signed by decedent, the letter from her attorney relaying the Declaration, and a missing memorandum referred to in her will that may have avoided this litigation, the Estate of Florence Van Scoter is to pay such costs, disbursements and attorney fees of the plaintiffs as are approved by this Court. Counsel for defendants is directed to prepare Findings of Fact and Conclusions of Law consistent with this Decision.