Byers v. Ferner

Citations

• 216 Pa. 233
• 65 A. 620
• 1907 Pa. LEXIS 788

Syllabus

<p>Trusts and trustees — Resulting trust — Husband and wife — Evidence.</p> <p>To establish a resulting trust in favor of a wife in real estate purchased in the name of the husband, it must appear by clear proof that the wife’s money went into the property at the inception of the title; that the purchase was made by her, or for her account, and that the placing of title in her husband was in violation of an agreement by which the deed was to be made to her. The intention of the parties may be shown by their actions, their claims or declarations in the presence of each other, and other cotemporary circumstances; and the necessary facts must not only be shown, but must also be averred in the pleadings. The length of time that the title has stood in the husband’s name is a circumstance of weight in determining the validity of the challenge to his title.</p>