Lau's Estate
Citations
- 176 Pa. 100
- 34 A. 969
- 1896 Pa. LEXIS 1049
Syllabus
<p>Trusts and trustees, resulting trust — Husband and ivife — Evidence—Auditor's finding.</p> <p>Where the title to land was in the husband for many years up to the time of his death, and his administratrix, who was his widow, s.old the land under an order of the orphans’ court for the payment of his debts, and the widow afterwards claimed the fund arising from said sale by virtue of a resulting trust in her favor growing out of the payment of the purchase money by her, and the only evidence before the auditor appointed to distribute the fund was the husband’s declarations in the absence of the wife, made several years after the purchase, and the auditor finds that the facts alleged as the basis for the resulting trust were not proved by clear, explicit and satisfactory evidence, and finds against the trust, and the report is approved by the court below, the Supreme Court will not disturb the decree unless error be pointed out in the findings.</p>
Judges: Dean, Fell, McCollum, Mitchell, Williams
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