Smith v. Smith

Citations

• 84 Kan. 242
• 114 P. 245
• 1911 Kan. LEXIS 311

Syllabus

<p>SYLLABUS. BY THE COURT.</p> <p>I. 'Gifts — Validity—Presumption—Burden of Proof. The rule with respect to the presumption of validity and the burden of proof in cases of wills and testaments (Ginter v. Ginter, 79 Kan. 721) does not apply to cases of gifts or contracts inter vivos.</p> <p>2. - Undue Influence — Presumption—Burden of Proof. In the case of a gift or voluntary conveyance inter vivos, where the donor is a widow enfeebled in mind by disease or old age, and the person benefited is her son, with whom she makes her home, equity raises the presumption that the gift or voluntary conveyance was brought about by undue influence, and the burden is upon the party benefited to show affirmatively that the transaction was fairly conducted as if between strangers.</p>