Court of Appeals of New York

In a dispute over the ownership of a sculpture in which the executor of the owner's estate and a purchaser from a person who claimed to have been gifted the sculpture filed petitions asking a surrogate to resolve the conflicting claims of ownership, the surrogate correctly ruled in the purchaser's favor, where: 1) the purchaser established each of the elements of a valid inter vivos gift -- intent, delivery and acceptance -- by clear and convincing evidence; and 2) the executor acknowledged and agreed in a settlement agreement that the Surrogate's Court would decide ownership on the merits.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Read

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Gary D. Sesser, Harry W. Lipman