What is the burden of establishing a gift with a fair preponderance of the evidence?
"New York", United States of America
The following excerpt is from Matter of Bostwick, 201 Misc. 893 (N.Y. Surr. Ct. 1951):
burden of establishing the gift with a fair preponderance of the evidence rests upon the one who asserts the gift (Matter of Housman, 224 N.Y. 525; Caldwell v. Lucas, 233 id. 248, 254); and in view of the death of the man against whose estate the claim is made, the proof of gift should be clear, convincing and satisfactory."
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