Hibbard v. Hibbard

DISSENTING OPINION

Royse, J.

The majority opinion squarely holds without qualification that if a parent receives anything of value from a child it is thereby prima faciely established that the benefit which the parent received was obtained through the undue influence of such parent. In support of this holding it relies on the cases of Westphal v. Heckman (1916), 185 Ind. 88, 93, 113 N. E. 299, and Keys v. McDowell et al. (1913), 54 Ind. App. 263, 269, 100 N. E. 385.

In the Westphal case, supra, the Supreme Court did use the following language (quoted in the majority opinion herein) : “There are…