Opinion
February 2, 1998
Appeal from the Surrogate's Court, Kings County (Scholnick, J.).
Ordered that the appeal taken by Brenda Rosenfeld from the order entered September 26, 1996, is dismissed, as she is not aggrieved thereby; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the respondents are awarded one bill of costs payable by the appellants personally.
All of the elements necessary to establish the existence of valid gifts causa mortis were proven here by clear, convincing, and satisfactory evidence ( see, Matter of Korman, 36 A.D.2d 709). There was direct evidence, as established by the surrounding circumstances and the donor's deposition testimony, that the donor was under the apprehension of impending death when she gave the appellants the subject securities ( see, Matter of Swanson, 109 A.D.2d 844). Accordingly, the gifts were not irrevocable, and should have been returned to the donor when she demanded them upon her recovery from the illness which she had believed would be terminal ( see, Ridden v. Thrall, 125 N.Y. 572). Therefore, the Surrogate's Court properly ordered that the securities be turned over to the donor's estate ( see Matter of Kelsey, 29 A.D.2d 450, affd 26 N.Y.2d 792).
Furthermore, the court did not improvidently exercise its discretion in ordering the bifurcation of the issues to be tried ( see, CPLR 603, 4011 N.Y.C.P.L.R.; Koskey v. Chubb Corp., 233 A.D.2d 299 Fetterman v. Evans, 204 A.D.2d 888).
The appellants' remaining contentions are without merit.
O'Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.