In re Maier

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 303 NY 872; Matter of Lalor, 28 AD2d 66, 68). In this case, the only evidence of delivery was the memorandum of the decedent, which read, “I am giving my diamonds to a friend who has done so much for me, Jeanne Schlegel”. Although declarations of…