Neal v. Black

Citations

• 177 Pa. 83
• 35 A. 561
• 1896 Pa. LEXIS 953

Syllabus

<p>Deed — Voluntary deed of settlement — Revocation.</p> <p>Where a person executes a voluntary deed of trust of his property for his own benefit, he thereby constitutes himself a ward of the court, and though no vested right in another be granted, he cannot revoke his act; except subject to the approval of a court having jurisdiction of such subjects.</p> <p>The absence of a power of revocation in a voluntary deed of trust does not render the deed improvident, if such power would defeat the purpose for which the deed was given, and it appears that a clause making it irrevocable was inserted at the request of the grantor.</p> <p>Deed — Voluntary deed of settlements — Trust and trustees — Discretion of trustee.</p> <p>A provision in a voluntary deed of trust leaving to the discretion of the trustee the amount of income to be paid to the grantor, will not defeat the deed, if it appears that the income from the estate was large, and that the provision was inserted after full discussion, and practically at the grantor’s suggestion.</p> <p>It is not improper in a voluntary deed of trust to give to the trustee extensive powers, and to give him unlimited discretion as to the conversion of property and investments.</p> <p>Voluntary deed of trust — Security by trustee.</p> <p>A voluntary deed of trust is not invalid because the trustee is not required by the deed to give security.</p> <p>Voluntary deed of trust — Trusts and trustees — Account—Power of court.</p> <p>As the legislature has conferred upon the courts extensive powers over trusts and trustees, it is not necessary in a voluntary deed of trust to provide that the trustee shall account to the cestui que trust.</p> <p>Voluntary donation — Burden of proof .</p> <p>Whenever one person obtains by voluntary donation a large pecuniary benefit from another, the burden of proving that the transaction is righteous falls upon the person taking the benefit; but this proof is sufficient if it shows that the donor knew and under