Stockett v. Ryan

Supreme Court of Pennsylvania May 28, 1896

Stockett v. Ryan, 176 Pa. 71 (Pa. 1896)

34 A. 973; 1896 Pa. LEXIS 1044

Dean, Fell, McCollum, Mitchell, Williams

Opinion of the Court

Per Curiam,

The findings of fact made by the learned judge sitting as a chancellor in this case fully justify the decree appealed from. These findings are not absolutely conclusive upon us, but until error in them is clearly shown, they should be allowed to stand. We have examined the evidence with a view to satisfy ourselves whether these findings can be fairly made from it, and we are not persuaded that any one of them should be overturned. The decree is affirmed. Costs to be paid by the appellant.

Reference

Full Case Name: George W. Stockett, of the Last Will and Testament of Joseph Fraley, and Wellington Fraley, a son of Joseph Fraley, and under said Will v. I. H. Ryan
Cited By: 9 cases
Status: Published
Syllabus: Trusts and trustees — Deed of trust — Settlement by man of intemperate habits — Findings of court below — Equity. The findings of a court of common pleas, sitting as a court of equity, that a deed of trust executed voluntarily, without any coercion or undue influence, with a full knowledge of its contents and the legal effect of it, by a man of intemperate habits who was wasting and mismanaging his estate, and who executed it for the purpose of protecting himself and his estate from the consequences of his improvident and intemperate habits, making himself and his children the only beneficiaries, fully justified the decree dismissing the bill for the cancellation of the deed. While the findings are not absolutely binding upon the Supreme Court, yet until error in them is clearly shown they will be allowed to stand.