Willard v. Integrity Trust Co.

Citations

• 273 Pa. 24
• 116 A. 513
• 1922 Pa. LEXIS 507

Syllabus

<p>Trusts and trustees — Deed of spendthrift and drunkard — Absence of power of revocation — Mistake—Undue influence.</p> <p>1. Where a drunkard and spendthrift, with full knowledge of his condition and incapacity, conveys his real estate by deed without power of revocation to a friend, who acts in good faith, administers the property, paying the income to the grantor, and after several years conveys the property to a trust company in a spendthrift trust for his grantor for life with power of disposition by will, the grantor cannot, twenty years after his own deed was executed, demand a reconveyance, and especially is this so, where his incapacity has continued.</p> <p>2. In such case, the absence of a power of revocation was not evidence of a mistake.</p> <p>3. Undue influence may be exerted by a friend with the object of helpfulness, but courts are slow to regard such acts as overpersuasion when the end to be obtained is purely and wholly for the benefit of one upon whom the undue influence is supposed to have been exerted.</p>