Ott v. Duffy

Citations

• 246 Pa. 211
• 92 A. 201
• 1914 Pa. LEXIS 495

Syllabus

<p>Trusts — Resulting and express trusts — Payment of purchase-money — Act of April 22,1856, P. L. 582.</p> <p>In proceedings in an Orphans’ Court for partition of two tracts of land of a decedent who died intestate, in which two of the children of decedent named as parties defendant claimed title to twenty-two twenty-ninths of one tract and one-half of the other tract as devisees of their mother, the widow of decedent, an issue was directed to the Common Pleas Court to determine whether the widow was actually the owner of the interests in the land aforesaid at the time of her death. It appeared that the wife had furnished $2,200 out of the total consideration of $2,900 which was paid for the one tract of land, and had furnished one-half of the purchase-money for the other tract, and that title to both was taken in the name of her husband. Held, that a resulting trust arose in favor of the wife for the proportions of the land for which her money had paid, and that the trust was not barred under the Act of April 22, 1856, P. L. 532, because not manifested in writing by her husband, although at her death she left a will devising her interest in the said property, and stating that it was agreed between herself and her husband that she was the owner of that part for which she had paid. The mere fact that the widow stated in her will that her husband had admitted that he held the lands for her use could not operate to make the trust an express one which could be proven only by a writing signed by the husband.</p>