Kotz v. Smith

Citations

• 253 Pa. 346
• 98 A. 608
• 1916 Pa. LEXIS 837

Syllabus

<p>Decedents’ estates — Gifts by. decedent — Validity—Equity—Accounting.</p> <p>1. Where in a suit in equity by an administrator to recover from the daughter of plaintiff’s decedent money which plaintiff claimed belonged to decedent’s estate, the sole defense was that deceased had made a gift of the money claimed by defendant, but where other testimony did not clearly and affirmatively show the transaction of the alleged gift to have been the free and intelligent act of the decedent, fufiy explained to him and performed by him with a thorough understanding of the consequences, a decree for plaintiff was proper.</p> <p>Evidence — Witnesses—Party dead — Competency.</p> <p>2. In such case the defendant was not a competent witness to establish the gift.</p>