Compton v. Hoffman

Citations

• 265 Pa. 257
• 108 A. 626
• 1919 Pa. LEXIS 534

Syllabus

<p>Trusts and trustees — Deeds—Fraud—Duress — Mental capacity —Evidence—Burden of proof — Findings in equity — Appeal.</p> <p>1. A bill in equity to set aside deeds executed under a power of attorney given by a decedent to his stepfather, when he was alleged to be mentally incapable through the use of liquor and drugs, will be dismissed, where there is no evidence whatever that the decedent was under the influence of drugs and liquors, when he executed the power of attorney and subsequently ratified deeds for the property by his agent to his mother made in pursuance of the power, or that his mental condition during the nineteen years from the date of the ratification of the deeds until his death was such that he could not have disaffirmed the act if it was not voluntary, and there is evidence that during three years he transacted other business, executed deeds and received from his attorney in fact and from his mother moneys largely in excess of the value of the property at the time of the conveyance. Evidence as to the mental condition of the decedent, after the execution of the power of attorney, is irrelevant and inadmissible.</p> <p>2. Business ■■dealings between parents and children are not prima facie to be considered fraudulent; those who attack such transactions assume the burden of furnishing clear proof of fraud. If the consideration is adequate, even as between strangers no presumption of fraud would arise.</p> <p>3. The findings of a court of equity that there was no fraud involved in the execution of a power of attorney by a decedent in his lifetime, will not be reversed on appeal, where such findings are supported by the testimony, and there is no manifest error.</p> <p>Appeals — Assignments of error — Statement of questions involved.</p> <p>4. Assignments of error which are not included in the statement of questions involved, will be dismissed.</p>