In re Estate of Bryce

Citations

• 194 Pa. 135
• 44 A. 1076
• 1899 Pa. LEXIS 745

Syllabus

<p>Gift — Acceptance—Election—Evidence.</p> <p>Because; of the implied benefit to a donee his assent will be presumed, and the burden of proof is upon those who allege a refusal to accept; but a mere refusal to accept does not raise a presumption of an election to take something else. An election must be affirmatively shown either by proof of declaration or of unequivocal acts from which an election may be inferred.</p> <p>Where a father directs that a house shall be built on a lot devised to the son, but the son refuses to have the house built, and does not elect to take the value of the house in money, his representatives cannot after his death claim the value of the house from the father’s estate.</p>