Maggini v. Jones

Citations

• 223 Pa. 301
• 72 A. 559
• 1909 Pa. LEXIS 528

Syllabus

<p>Trusts and trustees — Laches—Evidence—Equity.</p> <p>On a bill in equity to enforce a trust it was alleged that the defendant’s testator twenty-eight years before the filing of the bill bought in property of a married woman, mother of the plaintiffs, under an agreement by which he was to pay plaintiff’s father $3,000 per year, and after his death $50,000 to his family. Over a year after the sale, the plaintiff’s father and mother executed for a consideration of about $2,500, a quitclaim deed to the defendant’s testator for the property in question. Plaintiff’s father during his lifetime never made any demand as of right against the testator of defendants, although he did appeal to his generosity for help. The bill was not filed until over two years after testator’s death. Held, that the bill involved a stale claim, and was properly dismissed.</p>