Estate of Stewart

Citations

• 140 Pa. 124
• 21 A. 311
• 1891 Pa. LEXIS 813

Syllabus

<p>1. When a trustee seeks to show that the trust fund in his hands, or a portion thereof, was converted into an ordinary debt, or a loan from his cestui que trust to himself, the burden of proof is upon him to establish the fact by clear and satisfactory evidence; the presumptions are all against him.</p> <p>2. A release of the trustee, purporting to have been executed by the cestui que trust several years after the transaction alleged, unattested, without consideration stated and with interlineations, produced by the trustee without proof of execution and delivery save by opinions as to signature, was properly rejected.</p>