Fiscus v. Fiscus

Citations

• 272 Pa. 326
• 116 A. 293
• 1922 Pa. LEXIS 822

Syllabus

<p>Deed — Parent and child — Conveyance for support — Mental capacity of grantor — Confidential relation — Burden of proof — Evidence — Party dead.</p> <p>1. Where aged parents convey land, under an agreement for support and burial, to an unmarried daughter, who had lived with and eared for her parents during a period of years after her brother and two unmarried sisters had left the common home, and the daughter fulfills her agreement, the burden of proof, in the absence of evidence of fraud, is not on her, after the parents’ death, to show that she did not secure the deed by undue influence, or at a time when the grantors were mentally incapable.</p> <p>2. Where a brother, after the death of his father and mother, files a bill in equity against a sister for the cancellation of a deed given by his parents to the sister in their lifetime, the brother is an incompetent witness, as to matters occurring in the lifetime of the parents.</p>