## Facts

- A son claimed ownership of two colts based on his father’s alleged verbal gift made about twelve months before the father died.
- The colts remained on the father’s premises and in the father’s possession until the father’s death.
- About six months before death, the son sought to buy hay for the colts; after learning hay was expensive, the father agreed to supply hay at a set price to be paid by the son.
- No hay was provided under that arrangement until three or four days before the father’s death.
- After the father died, the executrix and residuary legatee treated the colts as estate property and refused to deliver them to the son.
- The son sued in trover for the two colts, asserting title by gift.

## Issues

1. Whether a verbal (parol) gift of chattels transfers title absent a deed or written instrument and absent actual delivery of possession to the donee.
2. Whether an agreement by the donor to supply hay for the animals at the donee’s expense can constitute a sufficient change in possession to perfect a purported gift.

## Decision

- The court refused to set aside the nonsuit entered against the plaintiff at trial.
- The court held that, to transfer property by gift, there must be either a deed/instrument of gift or actual delivery of the chattel to the donee.
- Because the alleged gift was purely verbal and the colts were never actually delivered to the son, no title passed.
- The hay arrangement did not effect a change of possession of the colts and did not satisfy the delivery requirement.
- The colts therefore remained the father’s property at death and passed to the executrix as part of the estate.

## Legal Principles

- A gift of personal property is not effective to transfer title unless perfected by (a) a deed or other instrument of gift, or (b) actual delivery of the chattel to the donee.
- Donative intent, even if clear, is insufficient without a change of possession that places the chattel under the donee’s control.
- A contract collateral to the chattel (such as paying for upkeep) does not, without more, constitute delivery or a transfer of possession of the chattel itself.

## Conclusion

A claimed inter vivos gift of chattels fails where it rests only on an oral declaration and the donor retains possession; without a deed or actual delivery, title does not pass and the property remains part of the donor’s estate.


Irons v. Smallpiece, 2 B. & Ald. 551 (K.B. 1819)