Benkart v. Commonwealth Trust Co.

Citations

• 269 Pa. 257
• 112 A. 62
• 1920 Pa. LEXIS 797

Syllabus

<p>Trust and trustees — Husband and wife — Disposal of personal property in husband’s lifetime — Fraudulent intent —■ Gift inter vivos.</p> <p>1. During his life a man may dispose of his personal property by voluntary gift, or otherwise, as he pleases, and it is not a fraud upon the rights of his widow or children.</p> <p>2. Where a married man executes a deed of trust of personal property for the benefit of his son, and brothers and sisters, and delivers to the trustee the personal assets involved, without further control over them, his wife, after his death, cannot have the deed declared invalid on the ground that it was in fraud of her rights.</p> <p>3. The fraudulent intent which will defeat a gift inter vivos cannot be predicated of the husband’s intent to deprive his wife of her distributive share in his estate as widow.</p>