Mahon's Estate

Citations

• 202 Pa. 201
• 51 A. 745
• 1902 Pa. LEXIS 495

Syllabus

<p>Husband and wife — Collection of wife's income by husband — Gift— Agency — Presumption—Evidence.</p> <p>Where a husband collects the income from his wife’s real estate, and receipts therefor as her agent, it will be presumed after the wife’s death that he held the money thus collected not as a gift, but as her agent, and if he is his wife’s executor he will be bound to apply the money, or so much of it as may be necessary to the payment of taxes which had accrued during the year preceding the wife’s death. Even if it could be presumed that the money was held by the husband as a gift, such voluntary gift could not be sustained against a debt that must have been foreseen as inevitable.</p>