In re the Estate of Maull

Citations

• 186 Pa. 477
• 40 A. 1010
• 1898 Pa. LEXIS 1031

Syllabus

<p>Decedent's estates — Contract—Charitable institution — Evidence of ownership of property.</p> <p>A little more than a year prior to his death decedent had made application for entrance to a Home, stating that he was without means, and that by reason of the infirmities of age he could not take care of himself. He signed an agreement in writing that if, after his admission to the Home, he acquired any property, he would assign and transfer it to the institution, and he also agreed that the paper itself should be taken for such assignment and transfer. He also agreed in writing to conform to the rales and regulations of the Home. The rales were printed in a small book, and were not affirmatively shown to have been brought to the knowledge of the decedent. Among the rules was the following: “ Those who have any property are required to secure the same to the institution before they are admitted. They will be allowed interest on all moneys secured to the Home (above their admission fee), at the rate of four per cent for sums of from $100 to $500, and for $500 and upwards a less per cent will be allowed. All shall be required to sign the following agreement, transferring to the institution any property they may acquire after admission, in case they remain in the Home.” Then followed the agreement for assigning and transferring to the Home any after-acquired property. It appeared that the decedent had repeatedly stated that he was willing to pay $500, the entrance fee, to become a member, but he was never asked whether he had any other money or property, and no one explained to him that if he did have any other property it was to go to the Home. At the time he made application he had a will already made which he kept till his death, leaving his property, consisting of money and securities, all held in his own name, and in his exclusive possession, to his sister and some churches, but nothing to the Home. Decedent was frequently absent from the Home, and died in another