Presumption of gift applied.

- When a father permits property to go home with his daughter, immediately upon her marriage or at any subsequent period, if he suffer it to remain there for a number of years, the presumption of law is that he intended it as a gift. Butler v. Hughes, 35 Ga. 200 (1866).

Presumption rebutted by proof that chattel held as loan.

- Presumption that the law raises in favor of a gift, when made by a parent to a child, when the recipient is allowed to retain in the recipient's possession a chattel, is completely overcome and destroyed in the absence of other proof, by the declarations of such recipient, that the recipient held the chattel as a loan, and not as a gift - that the title to the property was in the parent. Culbreath v. Patton, 73 Ga. App. 667, 37 S.E.2d 719 (1946).

Presumption of gift not rebutted by evidence.

- Check from parents, who formed a limited partnership, given to their child for a large sum, was properly determined to have been a gift from the parents pursuant to O.C.G.A. §§ 44-5-80 and44-5-84, rather than a loan; the presumption under O.C.G.A. § 44-5-84, together with other supportive circumstantial evidence, including that there was no contract or lending and no repayment had been required, provided support for that factual finding. Baker v. Baker, 280 Ga. 299, 627 S.E.2d 26 (2006).

Question for jury.

- Question whether money left with son-in-law was a loan to him or a gift to the daughter is a question of fact for the jury. Crawford v. Manson, 82 Ga. 118, 8 S.E. 54 (1888); Gross v. Higginbotham, 34 Ga. App. 549, 130 S.E. 371 (1925).

Presumption of advancement.

- Gift of property by a parent to a child after marriage, when the child is living alone, is prima facie an advancement. Holliday v. Wingfield, 59 Ga. 206 (1877).

Cited in Webb v. Blake, 31 Ga. App. 101, 119 S.E. 447 (1923); Jackson v. Moultrie Prod. Credit Ass'n, 76 Ga. App. 768, 47 S.E.2d 127 (1948); Paris v. Paris, 207 Ga. 341, 61 S.E.2d 491 (1950).

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gifts, § 62.

C.J.S.

- 38 C.J.S., Gifts, § 91.

ALR.

- Right of child en ventre sa mere to take under a conveyance or devise of present interest to parent and children, 50 A.L.R. 619.

Gift of automobile, 100 A.L.R.2d 1219.

Unexplained gratuitous transfer of property from one relative to another as raising presumption of gift, 94 A.L.R.3d 608.

Issuance of stock certificate to joint tenants as creating gift inter vivos, 5 A.L.R.4th 373.