Obney v. Obney

Citations

• 26 Pa. Super. 116
• 1904 Pa. Super. LEXIS 276

Syllabus

<p>Equity — Equity practice — Evidence—Findings of fact — Review—Fraud —Remainderman—Sale of interest.</p> <p>The findings of the court below under the new equity rules are like the findings of a master under the old practice, and will not be set aside on appeal if they appear to have been authorized by the evidence. The appellate court will not nicely weigh testimony to determine which side preponderates, nor will it carefully compare the statements of contradictory witnesses, and pass on their credibility. Under the rules this is for the court below.</p> <p>The finding of facts by the court below that one remainderman induced another remainderman to sell him the latter’s interest in an estate for an inadequate price on the false representation that the life tenant was hale and hearty, will not be set aside by the appellate court where there is sufficient evidence to sustain the finding. In such a case the remainder-man who sold his interest is not obliged to show that the other remainder-man knew that the life tenant was ill at the time the representations were made. A positive declaration by the purchaser that the life tenant was hale and hearty, and likely to outlive them all, when he was ignorant of her actual state of health, would subject him to the same legal consequences as if he knew that she was ill.</p> <p>In such a case it is not necessary for the person aggrieved to show that a relation of trust existed between him and the other remainderman.</p> <p>Laches — Fraud—Equity—Assignment of interest in estate.</p> <p>A remainderman who has been induced to assign his interest in an estate to another remainderman at an inadequate price by representations of the latter as to the good health of the tenant for life, sufficiently explains his delay in instituting proceedings by showing that he was old and weak in health, that he lived a long distance from the residence of the defendant, and that he did not learn of the physical condition of the life tenant until a