${site.data.firmName}${SEMFirmNameAlt}
Call for a Consultation
(914) 290-4550 (888) 892-9072
Menu Contact

December 2012 Archives

Westchester County Bar Journal Estate Litigation Tidbits, Fall/Winter 2012

By: Gary E. Bashian, Esq. & Andrew Frisenda The Bond That Never Was – And We Don’t Mean JamesGreene v Greene involved a conversion action, in the Appellate Division Second Department, regarding government bonds allegedly gifted by Decedent to Plaintiff prior to death. Decedent had delivered to Plaintiff an envelope with instructions that it was not to be opened until after his death. Upon death, Plaintiff opened the envelope, and found a form and letter, witnessed by Defendant, regarding a change of ownership of the bonds from the Decedent and Defendant to Plaintiff and his daughter. Defendant’s refusal to turn the bonds over to Plaintiff inspired the action for conversion, which came before the Court on concurrent Motions for Summary Judgment.As one would expect, the Court considered the elements of an inter vivos gift: intent to make an irrevocable, present transfer of ownership; acceptance; and delivery. Given these elements, the content of the letter enclosed with the change of ownership form only evidenced a future intent to transfer the property, and not a present transfer, Plaintiff could not establish that a gift had in fact been made. Furthermore, a testamentary disposition of the bonds could not be established as the instructions/letter included with the bond did not comply with the execution formalities required by EPTL 3-2.1.As such, Plaintiff’s action for conversion was properly dismissed by the lower Court, and sustained by the Appellate Division.( Greene v Greene, 92 AD3d 838 [App Div 2nd Dept 2012]).
Email Us For A Response

Office Location

Bashian & Farber, LLP
235 Main Street
White Plains, NY 10601

Toll Free: 888-892-9072
Phone: 914-290-4550
Fax: (914) 946-5111
White Plains Law Office Map

Satellite Office:
552 Lake Avenue
Greenwich, CT 06830

Map & Directions

Review Us

Contact The Firm For An Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy