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In re Estate of Evans | 356 A.2d 778 (1976)
An inter vivos gift, which in Latin means a gift between the living, refers to a gratuitous transfer of real or personal property made while the donor or giver is still alive. The highest court in Pennsylvania considered what makes this type of gift valid in the nineteen seventy-six case In re Estate of Evans.
Following a period of hospitalization, Arthur Evans moved in with his late wife’s niece, Vivian Kellow, who’d cared for the Evans family since she was sixteen. Although at times Evans was bedridden because of water in his legs, Evans frequently took walks, met with his lawyers, and made trips to the bank. During one trip to the bank, Evans spent about an hour going through the contents of his safe-deposit box. Then Evans left with both keys to the box. Evans later gave the keys to Kellow, telling her that the contents of the box were hers even though the box was still registered in his name. Evans also told several other people that the contents of the box belonged to Kellow. Kellow told other people the same and even showed them the keys, which she kept hidden under her mattress. After Evans died, Kellow relinquished the keys to the bank, but not without protesting that the contents of the box were hers. The box revealed about eight hundred thousand dollars in bonds, preferred and common stock, and several miscellaneous items.
Kellow filed a claim against Evans’s estate for the contents of the box, which the trial court dismissed on the grounds that no valid inter vivos gift was made by Evans to Kellow. Kellow appealed to the Pennsylvania Supreme Court.
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