Butler v. Butler

I dissent. Although I agree that the master applied an incorrect presumption, I cannot join the majority’s analysis or factual determinations. I would vacate the hearing court’s decree and would remand for further proceedings.

Two “one-sided presumptions” are at issue heré. The master in this case apparently applied the rebuttable presumption that a trust is created in a wife’s favor if a husband obtains a wife’s property without adequate consideration. There is another presumption, not applied by the master, that a gift arises when a husband purchases real or personal property with his own…