Schwebel v. Wohlsen

Citations

• 254 Pa. 281
• 98 A. 864
• 1916 Pa. LEXIS 719

Syllabus

<p>Trusts and trustees — Trustee ex maleficio — Bill for accounting— Refusal.</p> <p>1. Where testator devised all his property to his wife for life with power to sell in fee during her lifetime, with a gift over to children in the event of a balance remaining at her death, and it appeared that the widow made a conveyance of certain of the real estate during her life, a bill in equity by the administrator of the widow and some of the children named in the will to have the purchaser declared a trustee ex maleficio of the property in question alleging that he received it under an oral trust for the benefit of testator’s heirs was properly dismissed where the allegations of the bill were responsively denied by the answer and were not supported by two witnesses or by one witness and corroborating circumstances.</p> <p>2. In such case, had the purchaser held as trustee the proper party plaintiff would have been the administrator of the original testator.</p>