Montoya v. Torres

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that rebuttable presumption creates burden of proof which shifts upon proof to the contrary
• holding that “[a]lone, the lack of consideration may not be a suspicious circumstance,” but that in combination with other suspicious circumstances that made a gift unlikely, it might be considered
• stating that a presumption of undue influence is a presumption of fact, not a presumption of law
• upholding finding of a confidential relationship in a quiet title suit in which the donor placed trust and reliance on donee and donee’s parents for “her business affairs[,] ... assistance and advice”
• mother’s expressed intention to leave property to son and subsequent gift of property to person other than son supported conclusion that gift was unnatural
• when undue influence is used to procure gift, the gift is invalid even if donee did not participate in the procurement

Source: CourtListener parenthetical corpus (CC0).