A Treatise On the Law Relating to Gifts And Advancements

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Admission of Donee. — The admissions or state- ments of the donee that the transaction was an advance- ment are always admissible as an admission or statement against interest. Even the admissions ^ of a married woman are admissible.^ Of course such admissions are not evidence in favor of the donee.^ 590. Conduct of Parties with Keference to Subject-Matter of Gift. — When the controversy is between the alleged donor and donee, the one claiming that the transaction created a trust and the other ...an abso- lute gift, then the conduct of the parties (at least before any controversy arose) with reference to the property in controversy is admissible to prove or disprove tlie claim of either. This is upon the ground that the acts of the person in possession of property is always admissible to explain such possession ; for actual and visible possession usually raises the presumption, unless explained or quali- fied by the evidence, of an absolute ownership in the pos- sessor.
591. Donor's Declarations Concerning Other Gifts Made By Him.


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