Hamnett v. Monongahela Trust Co.

Citations

• 223 Pa. 247
• 72 A. 512
• 1909 Pa. LEXIS 516

Syllabus

<p>Trusts and trustees — Enforcement of trust — Parol gift of land — Costs.</p> <p>Where a son owning an equity in land gives the same by parol gift to his mother, and the latter after taking possession enters into an agreement with a trust company by which the company is to buy in the land at a foreclosure sale, and thereafter to convey the land to the mother on repayment of advances, interest and a certain commission, the mother by a bill in equity may compel a conveyance of the land to herself on proper tender, and if the trust company admits the agreement at the trial, and states that it is still willing to carry out its terms, it is not necessary either to find fraud, or to resort to the finding that the company is a trustee ex maleficio.</p>