Zeok v. Mercantile Trust Co.

Citations

• 194 Pa. 388
• 45 A. 215
• 1900 Pa. LEXIS 398

Syllabus

<p>Heed — Husband and wife — Family settlement — Gancelalion of deed.</p> <p>A wife executed a deed to her husband for land which the husband and wife held jointly, and also for a small tract of land, the title to which was in her name alone. All of this land had been paid for with the money of the husband, and there was a mortgage covering it all. The husband had his life insured in favor of his wife. When he was about to die, an attorney was consulted who advised that the deed of the land should be made to the husband, who' should thereupon execute a will giving all of his estate to his wife for life, with remainder to his children. In consideration o£ the provisions of the will, the wife was to apply the insurance money to the payment of the mortgage and of all other debts of the husband. The wife assented to the arrangement after a full explanation which she perfectly understood, and papers were executed carrying it out. After the death of the husband, the wife took possession of the property, collected the insurance and paid off the mortgage and other debts. About six years after her husband’s death she filed a bill to cancel the deed which she had made to her husband on his deathbed. There was no evidence that the wife had been misled or deceived. Held, that the court committed no error in dismissing the bill.</p>