Gassner v. Gassner

Citations

• 280 Pa. 313
• 124 A. 483
• 1924 Pa. LEXIS 514

Syllabus

<p>Husband and wife — Conveyance by husband to wife — Gift—Presumption— Trust and trustees — Secret trust — Reconveyance — Equity — Findings of fact — Evidence■—Declarations.</p> <p>1. Where a husband purchases real estate in the name of his wife, the presumption of a gift to her exists, and not a presumption that she is to hold the property in trust for him.</p> <p>2. The burden of overcoming the presumption of a gift is upon the husband.</p> <p>3. The fact that the premises conveyed were in joint occupation of the husband and wife, has no significance against the wife’s claim that the conveyance was a gift, inasmuch as the presumption is that the occupancy was in subordination to the record title.</p> <p>4. Declarations made by a wife that property conveyed to her by her husband really belonged to her husband, and that she was willing to reconvey it to him, are insufficient to establish a trust, where such declarations were made subsequent to the conveyance.</p> <p>5. A gratuitous gift of realty during marriage, made by a husband to a wife is not in law impliedly limited to the duration of the marriage.</p> <p>6. On a bill in equity by a husband against his wife to compel a reconveyance to him of real estate which he had deeded to her, a finding that the title was placed in the wife’s name to protect it against claims that might arise out of the husband’s business, is not inconsistent with a finding that the conveyance was a gift to the wife.</p> <p>7. There is no inconsistency between the two findings, because the only way in which the property could be protected against claims growing out of the husband’s business, would be by an outright gift to the wife; the law will not presume a fraudulent device or secret trust.</p> <p>8. A finding of fact by a chancellor that a conveyance by a husband to a wife was a gift, if supported by an answer and sufficient evidence, will not be reversed on appeal.</p>