Before her death, Yulla Lipchitz noted on the back of a photo of a sculpture known as "The Cry," that she had gifted the item to a man named Biond Fury. After he sold his interest in the piece to David Mirvish, the latter discovered that the sculpture had been sold for $1 million.
When a claim was filed with the New York County Surrogate's Court, the judge concluded that Yulla had made a valid gift to Fury. But, on appeal, the Appellate Division, First Department, didn't agree and reversed.
When the dispute reached our state's highest court, the New York State Court of Appeals thought that Yulla clearly intended to gift the item. Even though Fury never had physical possession of the work, because the photograph had clear and unequivocal language conveying ownership, Mirvish was ultimately determined to be the rightful owner of the piece, and was entitled to the sale's proceeds.
That was some piece of work.
To view a copy of the Court of Appeals's decision, please use this link: Mirvish v. Mott