Leedom v. Palmer

Citations

• 274 Pa. 22
• 117 A. 410
• 1922 Pa. LEXIS 629

Syllabus

<p>Deed — Gift of real estate — Confidential relation — Brother and sister — Consideration for support — Family settlement — Dependency —Evidence—Burden of proof.</p> <p>1. A confidential relation, between the parties to a deed, appears when the circumstances make it certain the parties do not deal on equal terms, but on the one side there is an overmastering influence, or, on the other, weakness, dependance or trust, justifiably reposed.</p> <p>2. When these circumstances appear, the law presumes the transaction void, unless the party, claiming the benefit of such transaction, shows affirmatively that no deception was used and the act was the intelligent and understood act of the grantor, fair, conscientious and beyond the reach of suspicion.</p> <p>3. In some cases the confidential relation is a conclusion of law, in others, it is a question of fact to be established by the evidence.</p> <p>4. The mere existence of kinship does not, of itself, give rise to confidential relations such as would impose the burden of proof on the one receiving the gift or grant to assert its validity.</p> <p>5. A child may take a gift from a parent without being required to furnish explanatory testimony; nor is there confidential relation simply because the parties to the transaction are brothers and sisters.</p> <p>6. Where a conveyance of property is to a relative in consideration of support for life, it is favored as a family settlement, in the absence of fraud or undue influence,</p> <p>I. Dependency does not necessarily beget a confidential relation.</p> <p>8. While not confined to any specific association of parties, a confidential relation generally exists between trustee and cestui que trust, guardian and ward, attorney and client and principal and agent.</p> <p>9. Where -undue influence and incompetency do not appear, and the relation between the parties is not one ordinarily known as confidential in law, the evidence to sustain a confidential relation must be certain.</p> <p