VON SCHUSCHNIGG v. SOTHEBY'S INC.


216 A.D.2d 100 (1995)

628 N.Y.S.2d 100

Kurt Von Schuschnigg, Appellant, v. Sotheby's Inc. et al., Defendants, and Museum of Fine Arts, Houston, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 15, 1995


Defendant Museum of Fine Arts, the proponent of the gift, established by clear and convincing evidence that in 1958 a since-deceased donor gave it a valid inter vivos gift of a remainder interest in the painting in issue, i.e., immediate transfer of title to the Museum with possession retained by the donor for life. The essential elements of intent to make a present transfer, delivery of the gift (in this case constructive or symbolic) and acceptance by the donee (Gruen...

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