## Facts

- Rita Genecin was an art collector and the mother of two adult sons, Victor Genecin and Paul Genecin.
- Rita died in August 2000.
- Victor became the representative of Rita’s estate, which divided Rita’s assets 55% to Victor and 45% to Paul.
- During her lifetime, Rita frequently gave artwork to her sons as inter vivos gifts and typically documented each transfer using a written deed of gift.
- In December 1999, Rita executed a deed of gift stating that she was giving her most valuable artwork—a Toulouse-Lautrec lithograph (the “Lautrec”)—to Paul.
- Rita delivered the executed deed of gift to Paul.
- The Lautrec remained in Rita’s home after the deed was executed.
- Soon after executing the deed, Rita made Victor and Paul joint owners of her home with her, based on a financial advisor’s suggestion that this step would help effectuate the gift because the Lautrec was housed there.
- After Rita’s death, Paul told Victor that Rita had given him the Lautrec.
- Victor, on behalf of the estate, sued Paul seeking to recover the Lautrec for the estate.
- At trial, witnesses testified that Rita had stated she gave the Lautrec to Paul (including testimony from Rita’s grandson and a Ms. Sherlock), and Victor testified that Rita appeared to want Paul to have the Lautrec when she executed the deed.
- The estate’s primary argument was that no valid inter vivos gift occurred because Rita never “delivered” the artwork to Paul.

## Issues

1. Whether Rita’s execution and delivery of a deed of gift to Paul—without physically transferring the Toulouse-Lautrec lithograph from her home—satisfied the delivery requirement for a valid inter vivos gift.

## Decision

- The court held that Rita made a valid inter vivos gift of the Lautrec to Paul.
- The court concluded that the deed of gift, delivered to Paul and supported by corroborating testimony and surrounding conduct, was sufficient to establish delivery under the circumstances even though the artwork remained in Rita’s home.
- Judgment was entered for Paul, and the Lautrec was not included in the estate’s assets.

## Legal Principles

- A valid inter vivos gift generally requires (1) donative intent to make a present transfer, (2) delivery (actual, constructive, or symbolic) that is sufficient for the circumstances, and (3) acceptance by the donee (often inferred when the gift is valuable).
- Delivery does not always require physical handover of the item; courts evaluate whether the donor took steps that objectively show a present transfer of ownership and a surrender of control consistent with the nature and location of the property.
- A written deed of gift, executed and delivered to the donee, may serve as symbolic delivery of personal property and can transfer title even if the item remains where it was previously kept.
- When a claimed gift is asserted against an estate, the donee typically must prove the gift by clear and convincing evidence, which may include written instruments and corroborating witness testimony about the donor’s statements and conduct.

## Conclusion

The court found that Rita intended to make a present gift of the Toulouse-Lautrec lithograph to Paul and that her executed deed of gift, delivered to Paul and supported by witness testimony and related steps concerning the home where the artwork was kept, satisfied the delivery requirement despite the lithograph remaining in Rita’s possession until her death.


Estate of Genecin v. Genecin, 363 F. Supp. 2d 306 (2005)