Watkins v. Young

Citations

• 31 Va. 84

Syllabus

<p>1. If a gift unexplained in the lifetime of a father who dies intestate, to one of his children, is to be presumed in law to be an advancement, this presumption may be repelled by evidence.</p> <p>2. Whether a gift by a father in his lifetime to a child is an absolute gift or an advancement depends upon the intention of the father ; and his statements or declarations made at the time of the gift, or subsequently, are competent evidence to show what was his intention in making the gift. In this case the evidence is conclusive to prove it was an absolute gift, and not an advancement.</p> <p>3. The only issue in the cause being whether the gift of the father was intended to be absolute or an advancement, and all the evidence having been taken with reference to that issue, it was proper for the court to decide it without a reference to a commissioner to inquire and report upon the question.</p>