Fuchs's Petition

Citations

• 269 Pa. 254
• 112 A. 49
• 1920 Pa. LEXIS 796

Syllabus

<p>Trusts and trustees — Mother as trustee for daughter — Payment of principal — Payment of income — Presumption—Gifts—Advancement — Evidence—Findings of fact.</p> <p>1. A finding of fact by the common pleas that a deceased mother, who had been trustee for her daughter, had paid no part of the principal of the trust to her daughter, will not be reversed, in the absence of manifest error.</p> <p>2. Large payments, equalling the amount of the principal, paid by the mother to her daughter from time to time, will be presumed, after the mother’s death, to be payments on account of interest, and not advancements or gifts; and this is especially the case where it appears that the daughter, although in need, admitted that she had never made any demand on her mother for any of the accumulated income. This is strong proof that such income had been paid to her.</p>