What is the test for establishing that a gift is not asserted until after the death of the donor?
"New York", United States of America
The following excerpt is from Kennedy's Estate, In re, 290 N.Y.S.2d 964, 56 Misc.2d 1092 (N.Y. Surr. Ct. 1968):
It has been said that where a gift is not asserted until after the death of the donor, it should be 'supported by evidence of the highest probative force'. (Matter of Seigler's Estate, 49 Misc. 189 at 191, 98 N.Y.S. 929 at 930; De Puy v. Stevens, 37 App.Div. 289 at 291, 55 N.Y.S. 810 at 812).
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