Gruen v. Gruen
68 N.Y.2d 48, 496 N.E.2d 869, 505 N.Y.S.2d 849 (1986)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Gruen's (P) father sent him a letter that gave him a painting. However, his father wanted to retain possession of it for the rest of his life. The father sent a second letter, for tax reasons, describing the gift without referring to the life estate. The father asked P to destroy the first letter. P never took possession of the painting nor did he seek to do so. After P's father died, P attempted to get the painting from his stepmother, Gruen (D). D refused; a valid inter vivos gift had not been made, because the father retained a life estate, and no physical delivery was made during his lifetime. P sued seeking a declaration that he was the rightful owner. The trial court gave the verdict to D. The appellate court reversed and remitted the matter for determination of value. P was awarded $2,500,000 in damages. D appealed.
Issues
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Holding & Decision
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Legal Analysis
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