Shepherd v. White
Texas Supreme Court
Error from. Montgomery. Títere was but one question in this case to be considered. Ought the will of the younger Slieplicrd to have been received in evidence in support of the right of those claiming under the will of his father? The suit was brought by the widow and heirs of the jumuger Shepherd against the widow and representatives of the father to recover a tract of land.
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Error from. Montgomery. Títere was but one question in this case to be considered. Ought the will of the younger Slieplicrd to have been received in evidence in support of the right of those claiming under the will of his father? The suit was brought by the widow and heirs of the jumuger Shepherd against the widow and representatives of the father to recover a tract of land. In defense, the will of the younger Shepherd was offered in evidence, containing a clause in which lie acknowledged that the money for the laud in question was paid by his father, and that the remaining payment due on the…
1Opinion of the Court
LIPSCOMB, .T.
We are not advised upon wliat ground the judge r'ulecl out the evidence offered. It is presumed, however, that it was that, between the father and (lie son, (he mere fact of the land being paid for by tho father would not raise a resulting trust. This, in the abstract, is true, because the payment of the money by tiie father will bo presumed to be a voluntary advancement; but this presumption may be explained and rebutted by proof that such payment was not intended as an advancement. Any written acknowledgment of tiie son that it was not so designed will rebut tiie presumption…
2Cited by10 opinions
- Amador v. Berrospe, Texas Court of Appeals, 1st District (Houston)1997
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Bell v. SmithCourt of Appeals of Texas · 1976
- Somer v. Bogart, Texas Court of Appeals, 5th District (Dallas)1988
- Turner v. DinwiddieCourt of Appeals of Texas · 1925
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