Appeal of Fassett

Citations

• 167 Pa. 448
• 31 A. 686
• 1895 Pa. LEXIS 926

Syllabus

<p>[Marked to be reported.]</p> <p>Gift — Arrearages of dower — Receipt—Evidence.</p> <p>Arrearages of a dower due by a son to his- mother may be the subject of gift, and a receipt in full for such arrearages given by the mother to the son, is evidence of a gift to the son.</p> <p>In such case the fact that no money was actually paid by the son, and that the recognizance was not surrendered, is immaterial to affect the legality of the gift.</p> <p>After the receipt for dower had been given, the son’s real estate charged with the dower was sold at sheriff’s sale. The assignees of the widow claimed the arrearages of dower out of the fund for distribution. The widow testified: “I signed his receipt but I never received any money, but I supposed he would pay me when he got able. . . . He said if I needed it, and he got able, he would pay me, notwithstanding I had given him this receipt.” Held, that the evidence was insufficient to prove a condition annexed to the gift.</p> <p>If the declarations made by the son to the mother at the time the receipt was given had amounted to a condition, they would be insufficient to defeat the gift in the absence of proof that the son had ever been able to pay the money, or that his mother had needed it.</p>