Packard v. Packard

Citations

• 95 Kan. 644
• 149 P. 404
• 1915 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Advancements — Conveyances by Father to Children — Competent Evidence to Show the Father’s Purpose. The presumption that a grant of eighty acres from a father to a minor son was an advancement may be overcome by surrounding circumstances, and by parol evidence of statements made by the father either before or after the grant, following Martin v. Shumway, 89 Kan. 892, 132 Pac. 993.</p> <p>2. Same — Presumptions that a Grant of Land was an-Advancement — Overcome by Parol Testimony. The presumption that a grant of ninety acres from a father to two minor children was an advancement may be overcome by surrounding circumstances and by parol testimony of a district judge who divorced their father and mother and who influenced the father to deed the property direct to them for their support, maintenance and education rather than to their mother whom he thought an unfit person to hold the title.</p> <p>3. Same — Partially Controlled by Equitable Considerations. In this state, the presumption that a gift by a father to his child is intended as an advancement is not statutory but is merely a rule of law adopted by the courts in furtherance of an equitable division of his property among his children, and this presumption should not be so strong or so hard to overcome as to bring about the inequitable result which such presumption was intended to prevent.</p>