What is the test for establishing that a decedent intended to and did make a gift of stock in question?
The following excerpt is from Ruszkowski's Estate, In re, 256 N.Y.S.2d 983, 45 Misc.2d 380 (N.Y. Surr. Ct. 1965):
In view of all of the foregoing and upon all the evidence adduced at the trial and upon the documentary proof submitted, the court is satisfied that the respondent herein has sustained the burden of proving that the essential elements of a gift inter vivos were present. The court therefore holds that the evidence was sufficient and adequate to support the conclusion that the decedent intended to and did make a gift of the stock in question together with delivery by the donor and acceptance by the donee (Beaver v. Beaver, 117 N.Y. 421, 22 N.E. 940, 6 L.R.A. 403).
Accordingly, this proceeding is dismissed.
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