| Court: | NY Supreme Court |
| Facts: | Roosevelt clearly intended his materials to go to the library, but at the time of his death, a few still sat in the White House. |
| Posture: | Initial trial? |
| Issue: | Did FDR's gift, made during his lifetime, cover files still in his possession at the time of his death? |
| Holding: | Yes. |
| Rule: | A gift requires intent, delivery, and acceptance. |
| Reasoning: | All three elements were met, and we have "constructive delivery" of the remaining papers. If there's no actual delivery, but there's a written declaration, that counts as delivery. A deed would be best for this, but informal instruments are sufficient in NY. |
| Dicta: | |