Fidelity Title & Trust Co. v. Weitzel

Citations

• 152 Pa. 498
• 25 A. 569
• 1893 Pa. LEXIS 1006

Syllabus

<p>Equity — Jurisdiction—Review after final hearing.</p> <p>The Supreme Court will not necessarily reverse a decree on a bill in equity, if the bill has not been demurred to, and the case has been pursued to final hearing, although the bill merely sets forth facts which amount to a claim by an administrator for money of his decedent, for which assumpsit is an adequate remedy.</p> <p>Equity pleadingr — Responsive answer.</p> <p>A responsive answer denying the averments of a bill in equity is not made any the less responsive by setting forth all the facts, though some new matter may be incidentally introduced thereby.</p> <p>Contract for maintenance ■— Confidential relation —• Undue influence— Mental capacity.</p> <p>A bill in equity for discovery and an account by an administrator averred that decedent was of weak mind, incapable of transacting business, and unable to read and write; that defendant received her into his house, exercised great influence over her, and received from her large sums of money for which he had not accounted. The answer denied that decedent was weak minded, admitted the receipt of money by defendant from decedent, but averred that the money had been paid to defendant under a contract by which he agreed to support and provide a home for decedent during her life and give her suitable burial at death. The master found that decedent had sufficient mental capacity to make a contract. Held, that the answer was responsive to the bill, and that the decedent having made a contract satisfactory to her during her lifetime, it could not be attacked after her death.</p> <p>Where property is transferred in consideration of care and attention which are honestly bestowed, to the end of life, courts do not need to be astute in weighing the profit or loss of the bargain. Per Mitchell, J.</p>