Tracy P. Streber, F.K.A. Tracy C. Parker, et al. - Page 22

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          as to whether there was a delivery."  Id.  In Lord v. New York              
          Life Ins. Co., 66 S.W. 290 (Tex. 1902), the Supreme Court of                
          Texas dealt with a deceased donor's declaration that an insurance           
          policy payable to his estate, at his death, in the possession of            
          a third party, was for his sister.  The question before the court           
          was whether such declaration was sufficient evidence on which to            
          base a finding of delivery of the insurance policy to her.  The             
          court stated:  “We see no reason why the fact of delivery could             
          not be as well proved by a declaration as the fact of gift                  
          itself, or any other fact about which a party had made a                    
          declaration against his own interest.”  Id. at 292; see also                
          Estate of Bridges v. Mosebrook, 662 S.W.2d 116, 121 (Tex. Ct.               
          App. 1983) (with regard to delivery of certificates of stock:               
          "Actual delivery is not always necessary; rather, where the                 
          circumstances make actual delivery impractical, delivery may be             
          symbolical or constructive."); Webb v. Webb, 184 S.W.2d 153, 156            
          (Tex. Civ. App. 1944) (similar).  The fact of delivery of an                
          interest in a chose in action, such as Parker obtained by way of            
          the earnest money contracts, can be proved by declarations alone.           
          We believe that Parker's declarations to Nathan, Thoner, and                
          Bradish, as manifest in the January 8 writing are proof of                  
          delivery of a gift to the daughters before the joint venture was            
          entered into, and we so find.                                               

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