City National Bank & Trust Co. v. Graves

The law is well established that in order to have a gift there must be delivery of possession along with an intent to give. If this occurs, there is a gift. I see no justification for saying that it takes more to establish a gift at one time than it does at another. If there has been delivery and the required intent, a gift has taken place, no matter whether it comes to light before or *387after the death of the donor. It is not necessarily so that every claim of a gift not disclosed until after death of the donor is likely false.

In my opinion the “clear, cogent and convincing” evidence…