Derry v. Fielder
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) It is a presumption of law that, where one purchases property and pays for it and causes it to he deeded to a child or grandchild, he intended it as a gift or advancement.
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Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) It is a presumption of law that, where one purchases property and pays for it and causes it to he deeded to a child or grandchild, he intended it as a gift or advancement. Perry on Trusts (5 Ed.), secs. 143, 144, 145; Curd v. Brown, 148 Mo. 82. (2) Evidence to rebut tbe presumption of a gift or advancement in a case where a parent deeds or causes property to be deeded to a wife, a child or grandchild, must be so clear and convincing as to remove every reasonable doubt from the mind of the chancellor that it was intended as a…
1Opinion of the CourtGraves, J.
By his petition the plaintiff sought to establish a resulting trust in and to a house and lot in Bosworth, Missouri.
By his original petition he charged that he bought and paid for the property with his own means, and that the party from whom he purchased made, executed and delivered the deed to him, which deed was to Emma Fielder, Anna Fielder and Ethel Fielder, as grantees. After the evidence was in he was permitted to amend his petition in this regard, so as to read thus: “that said deed was executed in blank, as to the grantee, and before the delivering thereof, by plaintiff’s direction…
2Cases cited7 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- State ex rel. Walker v. DobsonSupreme Court of Missouri · 1896
- Green v. DitschSupreme Court of Missouri · 1898
- Field v. StaggSupreme Court of Missouri · 1873
- Overton v. American Central InsuranceMissouri Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Keener v. WilliamsSupreme Court of Missouri · 1925
- Jones v. JeffersonSupreme Court of Missouri · 1933
- Larue Ex Rel. Miller v. LarueSupreme Court of Missouri · 1927
- Warford v. SmootSupreme Court of Missouri · 1951
- Rubinstein v. RubinsteinSupreme Court of Missouri · 1955
3 more not listed; retrieve them via the Exa API.