evidence to overcome presumption (California) · Go Syfert
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evidence to overcome presumption in California

7 California opinions name it 3 courts 1903–1958 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Rench v. McMullengreen
calctapp · 1947 · cited in 2 California opinions naming this issue, 1950–1958
2 sentences

1958(Rench v. McMullen, 82 Cal.App.2d 872, 874 [ 187 P.2d 111 ]; G.

1958(Rench v. McMullen, 82 Cal.App.2d 872, 874 [ 187 P.2d 111 ]; G.

22
Olson v. Olsongreen
cal · 1935 · cited in 2 California opinions naming this issue, 1947–1950
2 sentences

1950(Rench v. McMullen, 82 Cal.App.2d 872, 874 [ 187 P.2d 111 ] ; Olson v. Olson, 4 Cal.2d 434, 437-8 [ 49 P.2d 827 ].) However, the sufficiency of that evidence is primarily a question for the trial court to determine and if there is any substantial evidence to support its conclusion the determination is not open to review on appeal.

1950(Rench v. McMullen, 82 Cal.App.2d 872, 874 [ 187 P.2d 111 ] ; Olson v. Olson, 4 Cal.2d 434, 437-8 [ 49 P.2d 827 ].) However, the sufficiency of that evidence is primarily a question for the trial court to determine and if there is any substantial evidence to support its conclusion the determination is not open to review on appeal.

22
Estate of Brauegreen
calctapp · 1941 · cited in 2 California opinions naming this issue, 1946–1946
2 sentences

1946Her signature and those of the subscribing witnesses gave rise to the presumption of due execution (Estate of Pitcairn (1936), 6 Cal.2d 730, 732 [ 59 P.2d 90 ]; Estate of Braue (1941), 45 Cal.App.2d 502, 505 [ 114 P.2d 386 ]), and there was nothing in the evidence to overcome that presumption.

1946Her signature and those of the subscribing witnesses gave rise to the presumption of due execution (Estate of Pitcairn (1936), 6 Cal.2d 730, 732 [ 59 P.2d 90 ]; Estate of Braue (1941), 45 Cal.App.2d 502, 505 [ 114 P.2d 386 ]), and there was nothing in the evidence to overcome that presumption.

22
Estate of Pitcairngreen
cal · 1936 · cited in 2 California opinions naming this issue, 1946–1946
2 sentences

1946Her signature and those of the subscribing witnesses gave rise to the presumption of due execution (Estate of Pitcairn (1936), 6 Cal.2d 730, 732 [ 59 P.2d 90 ]; Estate of Braue (1941), 45 Cal.App.2d 502, 505 [ 114 P.2d 386 ]), and there was nothing in the evidence to overcome that presumption.

1946Her signature and those of the subscribing witnesses gave rise to the presumption of due execution (Estate of Pitcairn (1936), 6 Cal.2d 730, 732 [ 59 P.2d 90 ]; Estate of Braue (1941), 45 Cal.App.2d 502, 505 [ 114 P.2d 386 ]), and there was nothing in the evidence to overcome that presumption.

22
Glasgow v. Andrewsgreen
calctapp · 1954 · cited in 1 California opinions naming this issue, 1958–1958
2 sentences

1958(Glasgow v. Andrews, 129 Cal.App.2d 660, 664 [ 277 P.2d 400 ].) The evidence to overcome this presumption and establish that the property is held in trust must be clear and convincing.

1958(Glasgow v. Andrews, 129 Cal.App.2d 660, 664 [ 277 P.2d 400 ].) The evidence to overcome this presumption and establish that the property is held in trust must be clear and convincing.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Viner v. Untrecht green
cal · 1945
2 sentences

1947(Viner v. Untrecht, 26 Cal.2d 261 [ 158 P.2d 3 ] and cases cited at p. 269.) However, the courts have frequently affirmed that there is a presumption that the holder of the legal title owns the full beneficial interest in the property and that the evidence to overcome this presumption and establish that the property is held in trust must be clear and convincing.

1947(Viner v. Untrecht, 26 Cal.2d 261 [ 158 P.2d 3 ] and cases cited at p. 269.) However, the courts have frequently affirmed that there is a presumption that the holder of the legal title owns the full beneficial interest in the property and that the evidence to overcome this presumption and establish that the property is held in trust must be clear and convincing.

11947–1947
Barr v. Schroeder green
cal · 1867
1 sentence

1923“In Branson v. Caruthers, 49 Cal. 374 , it was said: ‘The production of the deed of gift by the attorneys of the wife [the grantee] was sufficient evidence of its delivery and acceptance. ’ (Barr v. Schroeder, 32 Cal. 609 .) ” [3] If we not only disregard the testimony of the witnesses who were present at and participated in the delivery of the deed to the grantee and also disregard the declarations made from time to time by the grantor that he intended to deed the property to the grantee and that he had deeded the property to the grantee, what have we left in the evidence to overcome the pres

11923–1923
Branson v. Caruthers neutral
cal · 1874
1 sentence

1923“In Branson v. Caruthers, 49 Cal. 374 , it was said: ‘The production of the deed of gift by the attorneys of the wife [the grantee] was sufficient evidence of its delivery and acceptance. ’ (Barr v. Schroeder, 32 Cal. 609 .) ” [3] If we not only disregard the testimony of the witnesses who were present at and participated in the delivery of the deed to the grantee and also disregard the declarations made from time to time by the grantor that he intended to deed the property to the grantee and that he had deeded the property to the grantee, what have we left in the evidence to overcome the pres

11923–1923
Scheuer v. State green
mont · 1904
1 sentence

1903So, also, it is said that the evidence to overcome the presumption that a lost will was destroyed by the testator animo revocandi must be clear, satisfactory and convincing: In re Colbert’s Estate, 31 Mont. 461 , 107 Am.

11903–1903

Where else courts name it

CA 7 (1903–1958) TX 6 (2013–2026) PA 6 (1898–1975) NE 5 (1939–2001) SD 4 (1956–1997) MN 3 (1965–1986) AR 2 (1952–1979) IA 2 (1951–1982) KY 2 (1938–1957) WA 2 (1953–2014) MT 2 (1980–1980) ND 2 (1966–1992) TN 2 (1940–2000) NV 2 (2019–2019) AL 2 (1930–1950)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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