Estate of Riley

1 Citing case

  1. Estate of Bishop

    209 Cal.App.2d 48 (Cal. Ct. App. 1962)   Cited 15 times

    [14a] Mr. Bishop's relatives contend that, in any event, the questioned finding is supported by a presumption that every transfer of property from a husband to a wife is deemed to be a gift. The opinions in Dunn v. Mullan, 211 Cal. 583, 589 [ 296 P. 604, 77 A.L.R. 1015], Rice v. Ransom, 186 Cal.App.2d 191, 194 [ 8 Cal.Rptr. 840]; Estate of Riley, 157 Cal.App.2d 323, 326 [ 320 P.2d 932]; Estate of Horn, 102 Cal.App.2d 635, 641 [ 228 P.2d 99]; Estate of Nelson, 104 Cal.App. 613, 620 [ 286 P. 439]; Donze v. Donze, 88 Cal.App. 769, 772 [ 264 P. 294], contain statements indicating the existence of such a presumption. However, in those cases, the issue at hand was whether particular property was the separate property of the wife, and the statements therein that the transfer of property by or on behalf of a husband to his wife is presumed to be a gift were dicta.