Bristor v. Tasker

Citations

• 135 Pa. 110
• 19 A. 851
• 1890 Pa. LEXIS 1156

Syllabus

<p>1. Under tbe rules of the Supreme Court requiring that docket entries should be printed, the appellant’s paper-books must contain a literal copy of those entries as they appear upon the record of the court below; to present them in an altered or garbled form is an offence, which if committed intentionally and to deceive will be punished by disbarment.</p> <p>2. Upon a bill filed by a cestui que trust against her trustee, her husband, and the guardian of her children, to set aside a trust for her use during life, and after her death in default of appointment by her, for the use of her right-heirs, the correct practice, although the averments of the bill are admitted by the answers, is to refer the case to a master for a report upon the facts.</p> <p>3. The deed of a single woman, not in contemplation of marriage, conveying her property to a trustee, in trust to pay over to her the income during life, and after her death in trust for her appointees, or, in default of appointment, her right heirs, creates a mere passive trust which may be terminated at any time at the will of the cestui que trust: Dodson v. Ball, 60 Pa. 492 ; Yarnall’s App., 70 Pa. 335.</p> <p>4. Equity will set aside a deed from a single woman to her grandfather, creating an irrevocable separate use for the grantor, when it was not executed in contemplation of marriage nor with the intent to make an irrevocable gift, but upon an assurance by her grandfather and mother that it could bo revoked and -without the advice of counsel upon the point, and the only purpose of its execution has been accomplished.*</p>