Osmond's Estate

Citations

• 161 Pa. 543
• 29 A. 266
• 1894 Pa. LEXIS 731

Syllabus

<p>Decedents' estates — Trusts—Gift—Evidence—Estoppel.</p> <p>A married woman borrowed money from her father. After her husband’s death, with the insurance money which she received from a policy upon his life, she offered to repay her father, but he told her to “ keep it for the children.” She then invested the money in her own name, and continued to live with her father, who supported herself and her two young children. She subsequently married again, and her father then began to make inquiries about the money. The daughter answered these inquiries by saying: “ I can fix that by a will.” A few days before the daughter’s death the father prepared her will, which left everything which she owned to her children. At the same time she gave her husband a check for two hundred and fifty dollars which he accepted. 'The will was read to him, and he expressed himself satisfied with it in his wife’s presence before she executed it. Held, (1) that the evidence was sufficient to establish a trust in the wife for her children; and (2) that the husband was estopped from claiming against the will.</p> <p>Mistake — Correction of account — Practice, O. C.</p> <p>A trust fund standing in the name of a decedent, and improvidently included in the executor’s account, may be withdrawn.</p>