Yates v. Burt
Missouri Court of Appeals
Appeal from Calloway Circuit Court. — Eon. A, E. Waller, Judge. (1) "Where a parent turns property over to a child, the presumption is that it is an advancement or a gift, rather than a sale. Trust Co. v. Rudolph, 136 Mo. 169 ; Gerding v. "Walter, 29 Mo. 426: (2) It being established that the conveyance was a gift, it follows that it must be held as a gift, pure and simple, since advancements are required to be brought into hotchpot only in cases of intestacy.
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Appeal from Calloway Circuit Court. — Eon. A, E. Waller, Judge. (1) "Where a parent turns property over to a child, the presumption is that it is an advancement or a gift, rather than a sale. Trust Co. v. Rudolph, 136 Mo. 169 ; Gerding v. "Walter, 29 Mo. 426: (2) It being established that the conveyance was a gift, it follows that it must be held as a gift, pure and simple, since advancements are required to be brought into hotchpot only in cases of intestacy. Trust Go. v. Rudolph, 136 Mo. 169; Turpin v. Turpin, 88 Mo. 340; 1 Am. and Eng. Eincy. of Law, 763; Camp v. Camp, 18 Hun 217; McFall…
1Opinion of the CourtBroaddus, P. J.
This is a proceeding instituted by Agnes J. Tates and Thomas O. Yates and Laura W. Chenoweth, wife and children, respectively, of Benjamin, D. Yates, deceased, against Mary E. Burt, another child, for partition of real estate in Callaway County, Missouri. Benjamin D. Yates left a will which was duly admitted to probate, whereby he devised to his wife one-third of all his property, and to each of the above named children one-third of the remainder, or two-ninths of his entire estate. In this will, however, he stipulated that Thomas G-. Yates was to be charged with an advancement of $500', and…
2Cases cited5 opinions
- Winkler v. LietmanSupreme Court of Missouri · 1899
- Edwards v. LatimerSupreme Court of Missouri · 1904
- Duffy v. DuffySupreme Court of Missouri · 1900
- Winningham v. PennockCourt of Appeals of Kansas · 1889
- See v. MalloneeMissouri Court of Appeals · 1904
3Cited by3 opinions
- Stickle v. LinkSupreme Court of Missouri · 1974
- Bishop v. DonovanCalifornia Court of Appeal · 1962
- Johnston v. Bank of Poplar Bluff.Missouri Court of Appeals · 1927