Knowles v. Slocum

Citations

• 83 Wash. 158

Syllabus

<p>Husband and Wipe — Community Pbopekty — Presumptions—Burden op Proop. Property acquired after marriage, by either husband or wife or both, is presumed to be community property, the burden resting upon persons asserting a separate character to establish that fact by clear, certain and convincing evidence.</p> <p>Gipts — Evidence. Evidence of title by gift must be clear, convincing, strong and satisfactory.</p> <p>Gipts — Essentials. To constitute a gift of personal property, there must be an intent to presently give, a subject-matter capable of delivery, and the actual delivery at the time.</p> <p>Gipts — Delivery—Presumption Prom Possession — Between Husband and Wipe — Evidence—Suppiciency. Community property consisting of stocks, bonds and notes passed to the wife as a gift, where they were assigned by the husband to the wife, and were in her possession for twenty days prior to his death, and were kept by her in a secret place to which she alone had access; under the rule requiring actual delivery, with intent to divest present control and dominion, and that possession by an assignee of such instruments presumes a delivery.</p> <p>Same. Similar stocks and notes, made payable to the husband or wife, under the understanding that payments were to be made to the husband during life and after his death to his wife, or to either presenting the certificate, but not assigned, do not, under such circumstances, pass to the wife as a gift; since in the absence of an assignment, there is no evidence of intent to make a present gift, and possession is not alone sufficient to establish title.</p> <p>Same. For similar reasons, a certificate made payable to the wife, being presumptively community property, does not, under such circumstances, pass as a gift to her, since the fact of possession alone does not establish, by clear and convincing evidence, the husband’s intent to make a gift; and in the absence of any assignment, delivery cannot be presumed from possession.</p>