Funston v. Twining

Citations

• 202 Pa. 88
• 51 A. 736
• 1902 Pa. LEXIS 470

Syllabus

<p>Gift — Confidential relation — Bona fides — Equity.</p> <p>On a bill in equity against an executor to compel the satisfaction of a mortgage, alleged to have been given by the testatrix to the plaintiff, where it appears that the relation between the plaintiff and the testatrix was simply that of sisters, the plaintiff is not called upon to. establish the bona fides of the alleged gift.</p> <p>Gift — Bond and mortgage — Reservation of interest.</p> <p>Where one person gives to another the principal of a mortgage debt, and delivers at the same time the bond and mortgage securing the debt, the gift is not rendered invalid by the fact that the donor says to the donee at the time of the delivery of the papers, “All I ask is that you pay me four per cent interest while I live, and then it is yours when I die.”</p>