Decree affirmed, without costs.
Boomer and O'Donnell, JJ., dissent and vote to modify, in the following memorandum:
We would hold that there was insufficient evidence to sustain an inter vivos gift of the decedent's diamonds and we would modify the decree accordingly. Clear and convincing evidence of delivery is essential to establish a gift (Hindus v Newburger, 279 App Div 17, affd
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