Frazier v. Foreman

Citations

• 269 Pa. 13
• 111 A. 923
• 1920 Pa. LEXIS 746

Syllabus

<p>Trusts and trustees — Trust by mother for children — Equity— Following trust fund — Husband and wife — Gurtesy—Evidence— Declaration against interest.</p> <p>1. Where a fund is raised for the benefit of widows and children of firemen killed at a fire, and a portion of the fund is paid to a widow for herself and her five children, and she invests the money in a house, taking title in her own name, she holds the house in trust for herself and children.</p> <p>2. If she subsequently remarries and dies, her husband is entitled to his curtesy in one-sixth of the real estate only.</p> <p>3. The fact that the first house was sold, and the proceeds thereof, with a small balance from the original fund, was invested in a second house, does not affect the trust’ in favor of the children.</p> <p>4. Equity will follow a trust fund in every form for tbe benefit of those entitled.</p> <p>5. In an action of ejectment by the husband against the children to recover possession of the second house, a statement in the wife’s will that she bought the house with the money donated and placed ip. her hands for the benefit of her children, is a declaration against interest, since the property was in her name, and, consequently, relevant testimony. The husband’s interest could rise no higher than that of his wife.</p>