ELLSWORTH v. FONG


216 A.D.2d 253 (1995)

628 N.Y.S.2d 690

Robert H. Ellsworth, Appellant, v. John K. Fong, Individually and as Preliminary Executor of Alice Boney, Deceased, Respondent

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

June 29, 1995


We agree with the Surrogate that the record contains clear and convincing evidence that the decedent intended, by her signed and witnessed instrument, to legally memorialize a gift of the subject ring to defendant, her friend and primary beneficiary, and that there was delivery to and acceptance by him (see, Gruen v Gruen, 68 N.Y.2d 48, 53). If there was a fiduciary relationship between the decedent and defendant, it was only...

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