Victor Gruen was a successful architect. Victor purchased a painting titled Schloss Kammer am Attersee II by a noted Austrian modernist, Gustav Klimt, for $8,000. Four years after acquiring the painting, Victor wrote a letter to his son Michael giving the painting to Michael but reserving a life estate in the painting. A life estate means that the owner retains possession until their death, after which it is transferred to someone else. The person to whom it is to be transferred is said to have a remainder interest in the property.

The letter stated:

Dear Michael:

The 21st birthday, being an important event in life, should be celebrated accordingly. I therefore wish to give you as a present the oil painting by Gustav Klimt of Schloss Kammer which now hangs in the New York living room. Happy birthday again.

Love,

[signed] Victor

Because Victor retained a life interest in the painting, Michael never took possession of it. Victor died 17 years later. The painting was appraised at $2.5 million. When Michael requested the painting from his stepmother, Kemija Gruen, she refused to turn it over to him. Michael sued to recover the painting. The trial court held in favor of the stepmother. The appellate division reversed and awarded the painting to Michael. The stepmother appealed.

1. what are the 3 elements of a valid gift? Describe what each element means.
2. What is the difference between aninter vivosgift and a giftcausa mortis?
3. Was this an example of aninter vivosgift or a gift causa mortis? Explain your answer.
4. Who do you think should have ownership and possession of the painting? Explain your answer.