Fellbush v. Fellbush

Citations

• 216 Pa. 141
• 65 A. 28
• 1906 Pa. LEXIS 578

Syllabus

<p>Deed, — Will—Equity pleading — Equity practice — Responsive answer — Evidence.</p> <p>Where, a bill in equity to rescind, an instrument in writing, in form a ■ deed, and delivered to the grantee, on the ground that in fact it was a will, sets forth facts sufficient to rebut the presumptions arising from the form of the paper and its delivery, but these facts are specifically denied in the answer, and there is nothing in the paper itself from which it can be conclusively inferred that it was a will, and no evidence is taken to support the averments of the bill, the suit should be dismissed.</p>