Galt v. Smith

Citations

• 145 Pa. 167
• 22 A. 713
• 1891 Pa. LEXIS 661

Syllabus

<p>(a) A husband gave to plaintiffs, trustees for his wife and her children, a bond for a certain amount, conditioned that he pay the interest to his wife, or to the plaintiffs in trust for her, annually during her life, and on her death the principal to her children. No interest having been paid, the plaintiffs brought suit therefor.</p> <p>1. Either at law, or in equity, the wife was the sole owner of the interest on the fund, and she might do with it as she pleased. Evidence of positive and definite declarations of the wife, ante motam litem, were admissible, and sufficient to show, in defence of the action, that she had made a gift of the interest to the defendant.</p>