GRUEN v GRUEN.doc - Court of Appeals of New York Michael S GRUEN Respondent v Kemija GRUEN Appellant Son brought action seeking declaration that he was

GRUEN v GRUEN.doc - Court of Appeals of New York Michael S...

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Court of Appeals of New York.Michael S. GRUEN, Respondent,v.Kemija GRUEN, Appellant.Son brought action seeking declaration that he was righful owner of a painting in hisstepmother's possession. Son alleged that his deceased father made a valid gift of the painting tohim while reserving a life estate. The Supreme Court, Kings County, Levine, J., entered judgmentin favor of stepmother, and son appealed. The Supreme Court, Appellate Division, 104 A.D.2d171, 488 N.Y.S.2d 401,reversed, and stepmother appealed. The Court of Appeals, Simons, J.,held that: (1) a valid inter vivos gift of a chattel may be made where donor reserves a life estate inchattel and donee never has physical possession of it before donor's death; (2) evidenceestablished that father intended to transfer ownership of painting to son while retaining a lifeestate in it; and (3) letters from father to son referring to gift were sufficient to satisfy deliveryrequirement.Affirmed.West Headnotes[1]Gifts 191 11191Gifts191IInter Vivos191k11k. Time of Taking Effect. Most Cited CasesGifts 191 18(1)191Gifts191IInter Vivos191k17Delivery191k18Necessity191k18(1)k. In General. Most Cited CasesA valid inter vivos gift of a chattel may be made where the donor has reserved a life estatein the chattel and donee never has physical possession of it before donor's death.[2]Gifts 191 4191Gifts191IInter Vivos191k4k. Requisites in General. Most Cited Cases
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To make a valid inter vivos gift there must exist: intent on part of donor to make a presenttransfer; delivery of the gift, either actual or constructive to donee; and acceptance by donee.
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  • Spring '17
  • Dr. Zhang
  • Supreme Court of the United States, Appellate court, inter vivos, donees

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