Barnard v. Kell

Citations

• 271 Pa. 80
• 113 A. 836
• 1921 Pa. LEXIS 459

Syllabus

<p>Deed — Voluntary conveyance — Gift—Revocation — Independent advice — Confidential relation between grantor and grantee — Presumption — Master and servant — Burden of proof.</p> <p>1. Where a woman executes and delivers a deed of real estate to a man and wife, out of gratitude for services and kindness rendered to her, and she does this with the full intention not to revoke the deed, and upon her own motion, without suggestion from either of the grantees, the absence of a clause of revocation, and of independent advice, is immaterial.</p> <p>2. In such ease, where it appears that the husband occupied the position of a messenger or servant to the grantor and that the wife nursed her in her last illness, that the grantor was in no way impaired in mind, and that no fraud was imposed upon her, the deed will not be set aside on the ground of the existence of an alleged confidential relation between grantor and grantees.</p> <p>3. In the mere relation of master and servant there can be no implication of confidential relation to be overcome by proof.</p> <p>Deeds — Witnesses—Signing at request of agent — Alteration of instrument.</p> <p>4. Subscribing witnesses to a deed are not necessary, and if delivery is made and proved, the instrument is valid, it matters not when they sign; and this is true when the witness does not sign in the presence of the grantor, but does so at the request of the grantor’s attorney and agent.</p> <p>5. The rule as to alteration of written instruments affecting their validity is inapplicable to an alteration which leaves the legal effect of the instrument as it was before.</p> <p>Equity — Equity practice — Matters not charged in the hill.</p> <p>6. Matters not charged in a bill in equity may not be set up at the trial.</p>