Burden of Proof
Because the parties stood in a relation of trust and confidence, appellant had the burden of showing the justness and fairness of his dealings with wife’s stocks. Wesselhoeft v. Wesselhoeft
Despite husband’s denial of donative intent and his continued control of property he purchased, he failed to rebut the presumption that the conveyance to his wife was a gift and plaintiff’s intent at the time that he deeded the property to defendant was the controlling factor; consequently, the circumstances at time of the conveyance and his own testimony established that he intended a present, irrevocable transfer of the property to wife. West v. West