Lott v. Kaiser

Citations

• 61 Tex. 665
• 1884 Tex. LEXIS 170

Syllabus

<p>1. Advancement — Construction of deeds. — The law presumes property conveyed by deed from the parent to the child for an expressed consideration of natural love and affection, to take effect in presentí, to be a gift by way of advancement. Like any other deed, its language is conclusively presumed, when unambiguous, and in the absence of accident, mistake or fraud, to evidence the intention of the grantor.</p> <p>2. Accident — Mistake — Evidence. — One who makes such a deed to his minor children, knowing at the time its contents and effect, cannot by parol evidence show that he intended it to take effect at his death; that he signed it with the intention of remaining in possession; and that the only object in making it was to protect the property conveyed to the minor grantees against the claims of his wife if he should die. Such a claim of mistake or accident in its execution cannot avail. Its execution was not an accident; for the accident which will relieve, in such a case, must be an unknown and unexpected event occurring externally to the grantor, and of which his own agency was not the proximate cause. Nor could it be regarded as a mistake, for the mistake which in equity will relieve must be something induced by ignorance, misapprehension or misunderstanding of the truth, but without negligence, and resulting in injury to him who sets it up. The maker of the deed, knowing both its contents and legal effect, cannot, in the absence of fraud, avoid its effect by showing by parol that he intended it to convey a different estate.</p> <p>S. Equity — Mistake.—Equity will relieve when the legal effect of a transaction is misunderstood, if the want of proper understanding of its effect was produced by the misleading statements of the other party to the contract. So here, if the grantor had been induced by the grantees to omit from the deed a clause showing that it was to take effect only after his death, and that his continued possession, and the parol evidence of