- 23 - 4. Acceptance An infant is capable of being a donee of property, and when the gift is to his advantage a formal acceptance is not necessary, since the law implies an acceptance, but if the gift is not to his advantage, or becomes a burden to him before he becomes sui juris, the law implies a repudiation. * * * Austin v. Burden, 297 S.W. 648, 651 (Tex. Civ. App. 1927); McMillian v. United States, 24 AFTR2d 69-5699, 69-2 USTC par. 9633 (N.D. Tex. 1969) (similar). The daughters argue that they accepted no gifts from Parker until they received the proceeds of the $2 million notes from him in 1985. We disagree. Parker made gifts to the daughters no later than January 26, 1980, which, even if they did not signify formal acceptance, they are deemed to have accepted. Parker's gifts were to the daughters’ advantage; the gifts resulted in each of the daughters receiving $1,700,000 in cash and valuable real estate. No repudiation may be implied. Moreover, there is substantial evidence that, from about January 8, 1980, the daughters were aware of the gifts and acknowledged their receipt. Parker and Betty both informed the daughters about the potential joint venture, and one or both of Parker and Betty explained to the daughters some details of the January 8 writing. The daughters executed the arbitration agreement. Teresa executed both the assignment agreement and the related agreement. Teresa received both of the $2 million notes in 1981, and endorsed one to Tracy sometime thereafter. Teresa filed a Federal income taxPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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