Wendt's Estate

Citations

• 14 Pa. Super. 644
• 1900 Pa. Super. LEXIS 100

Syllabus

<p>Gift inter vivos — Presumption of fairness.</p> <p>If there is no evidence which tends to show that the donor was incompetent to make the gift, or which raises suspicion of fraud or undue influence on the part of the donee, the capacity of the donor and the fairness of the transaction will be presumed, unless the relation between the parties is such that the policy of the law casts upon the donee the burden of showing that the gift was the voluntary and intelligent act of the donor. In the absence of such evidence this burden does not rest on children who receive gifts from their parents.</p> <p>Appeal — Review of auditor's findings of fact.</p> <p>An auditor’s findings of fact based on competent testimony will not be reversed except for plain error.</p>