Reidy v. Small

Citations

• 154 Pa. 505
• 26 A. 602
• 1893 Pa. LEXIS 927

Syllabus

<p>Trusts — Voluntary deed of settlement — Clause of revocation.</p> <p>The absence of a clause of revocation in a voluntary deed of trust for the settlor’s benefit, is not itself a ground for setting aside the deed. It is a circumstance to be taken into account, and is of more or less weight, according to the other circumstances of the case.</p> <p>A man seventy-three years of age, of intemperate habits, fearing insanity, which was hereditary in his family, executed a voluntary deed of trust of all his estate to his daughter, who was his only child and only near relative. The deed provided that the whole income should be paid to the settlor, and he was given the power of testamentary disposition of the property. The only benefit to the trustee was the right to legal commissions. The settlor, apart from his intemperate habits, was of a saving disposition, but without business ability, and his daughter, who was a capable business woman, had, for a long time prior to the settlement, man-</p> <p>aged his affairs. The daughter was not guilty of any fraud in procuring the deed, and the settlement was not suggested by her. The deed contained no clause of revocation. Held, that the absence of a power of revocation was immaterial, since its presence would have defeated the object of the trust, and that the settlor was not entitled to a revocation of the deed.</p> <p>Mr. Justice Mitchell dissented.</p>