Sparks v. Spence

Citations

• 40 Tex. 693

Syllabus

<p>1. Property conveyed by the father to the children of himself and of a deceased wife is, if a part of the community estate, presumed to have been conveyed in discharge of the interest of the children in such community estate to the extent of the value of the property so conveyed.</p> <p>3. Nor is this rule varied by the fact that the conveyance to the child purports to be a gift, unless it appears that it was the intention of the father to make a gift in addition to, and not in satisfaction of, the child’s interest in the community; and such intention maybe shown, though not expressed in the conveyance.</p> <p>8. In a contest between heirs each must account for whatever was received by way of advancement out of the community estate, unless it is shown that it was given with a different intention; and when the advancements were made of other than the community estate the question of intention with which they W'ere made should be submitted to the jury. In either case the advancement is to be estimated at its value when made, and is to be deducted from the interest of the child receiving it in the community property, which is to be considered with reference to its value at the same time.</p> <p>4. It is error to charge the jury to allow only such advancements as are equal to the interest of the party receiving the same in the property sued for.</p> <p>5. While the laws of Spain and Mexico remained in force in Texas as to descent and distribution, the increase of cattle inherited by the children as part of the community of the deceased mother became, during the minority of the children, the separate property of the surviving father, and prior to the introduction of the common law (March 0, 1840) there was no statute changing the rights of the father in such property.</p> <p>0. From the date of the introduction of the comman law the father was chargeable with the increase and proceeds of sales of so many cattle as the children were entitled to on the death of their mo