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Property Keyed to French
Gruen v. Gruen
Citation:
496 N.E.2d 869, 83 A.L.R. 4th 955 (N.Y. 1986)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In 1959, Victor Gruen purchased a painting, by a noted Austrian artist, for $8,000. On April 1, 1963, Victor Gruen wrote a letter to the plaintiff, Mr. Gruen, stating that he was giving the painting to Mr. Gruen for his birthday, bit that he wished to retain possession of it for his lifetime. That letter was destroyed, but two subsequent letters referencing the first letter were included in evidence and indicating that for tax purposes the original letter had to be destroyed and new letters sent describing the arrangement. Those letters indicated Victor Gruen was giving Mr. Gruen the painting. Mr. Gruen never took possession of the painting, nor did he seek to do so, with the exception of a brief period between 1964-65 when it was on loan to an art exhibit having restoration work performed. The painting remained in Victor Gruen’s possession moving with him until finally arriving in Vienna Austria where Victor Gruen died on February 14, 1980. After Victor’s death Mr. Gruen requested possession of the painting from the defendant, Mrs. Gruen, who refused. Mr. Gruen then filed suit.
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