Capozzella v. Capozzella

I dissent for the reason that appellee failed to carry the burden of proof which rested upon her “to show every fact and circumstance necessary to constitute a valid gift by clear and convincing evidence”. Rust v. Phillips, 208 Va. 573, 578, 159 S. E. 2d 628, 631 (1968). The record discloses neither intent nor delivery.

We are concerned here with property having an estimated value in excess of $1 million. The marriage between Dr. Henry F. Capozzella and Harriet A. Capozzella on June 15, 1970 was his second and her third. It lasted less than five months. Harriet claims that four days after…