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Grimsley v. Grimsley

632 S.W.2d 174 (1982)

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Grimsley v. Grimsley

Texas Court of Appeals
632 S.W.2d 174 (1982)

  • Written by Whitney Kamerzel , JD

Facts

Before John Grimsley (plaintiff) and Pat Grimsley (defendant) were married, John wrote Pat a letter telling her that he was giving her all his possessions, including a house in Louisiana, the balance in his savings accounts, and stock certificates so that if he were to die, they would belong to her. No further acts were made to give the property to Pat. Pat visited the Louisiana house one time, and she was not given a deed. Moreover, Pat never had possession or control of the stock certificates or the money in John’s savings accounts. Three months after the marriage, John and Pat bought a new house in Texas. Sixty-nine percent of the down payment was purchased from the sale of the Louisiana house, the balance in the savings accounts, and the stock certificates. The remainder of the purchase price for the Texas home could not be traced. John and Pat asked for a divorce less than two years after they were married. They had lived together in the Texas home for only seven months. The trial court granted the divorce and awarded the Texas home to Pat, finding that John had gifted to Pat the property used to purchase the Texas home. John appealed, arguing the gift was ineffective because delivery of the property was never made.

Rule of Law

Issue

Holding and Reasoning (Gonzalez, J.)

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