Corrigan v. Conway

Citations

• 269 Pa. 373
• 112 A. 466
• 1921 Pa. LEXIS 569

Syllabus

<p>Trusts o/arl trustees — Trustee ex maleficio — Fraud—Constructive fraud — Deed to person in confidential relation.</p> <p>1. Where a conveyance of the greater part of the grantor’s estate is made to one occupying a confidential relation, it is not necessary to establish actual fraud as a ground for a reconveyance.</p> <p>2. Where an illiterate woman, seventy-two years old, conveys, by a deed signed by her mark, all of her real estate, to a brother, fourteen years younger, who occupied to her a confidential business relation, the grantee will be compelled to reeonvey, in the absence of full and satisfactory proof that the deed was the free and intelligent act of the grantor, fully explained to her, and done with a thorough knowledge of the act and all its consequences; and this is so though no actual fraud was shown.</p> <p>3. In such case if it appears that the brother provided liberally for the sister after the conveyance, he will be entitled to receive credit for the moneys which he may have expended upon the real estate, and the sums which he had paid to his sister, or for her benefit.</p>