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 was an appeal from the nonenforcement of an inter vivos gift and
the reversal of that order by the appellate division and the subsequent retrial and appeal.
Gruen (D) Defendant appealed an order in which the court entered judgment in Gruen's (P)
favor on P's complaint for declaratory judgment.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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