Appeal of Cunningham

Citations

• 122 Pa. 464
• 15 A. 868
• 1888 Pa. LEXIS 624

Syllabus

<p>Between an executor of a will and the testator’s widow and devisees there exists a relation of trust and confidence, and where the executor, immediately after the testator’s death, has procured from the widow a release of her interest in the estate, the burden is upon the beneficiaries to prove the fairness and good faith of the transaction, and that the release was executed by the widow with a full knowledge of the value of the estate and of her interest in it, otherwise the release is invalid.</p>