Breitenbach v. Schoen

1924

Court: WI Supreme Court

Facts: Anna Marie has several kids, and she has some stock certificates as well. The certificates are stored in the box of one daughter's husband. Four of them were inscribed with some kind of transfer to her son Peter. Five other certificates are issued to her or Peter.

Posture: Appeal from trial judgment for defendant

Issue: Was there enough of a delivery to complete the gift?

Holding: No, there was no right of survivorship.

Rule: The four unities: no inity of title or time.

Reasoning: She could not make a gift to herself. There was no joint possession; it was a tenancy in common, not a joint tenancy, so there was no survivorship.

Dicta: