Kleckner v. Kleckner
Supreme Court of Pennsylvania
Kleckner v. Kleckner, 212 Pa. 515 (Pa. 1905)
61 A. 1019; 1905 Pa. LEXIS 651
Brown, Elkin, Fell, Mestrezat, Mitchell
Kleckner v. Kleckner
Opinion of the Court
The bill seeks the rescission and cancellation of a deed made by the complainant to her son, on the ground that it was obtained by fraud. The question of fraud is the only one in the case. The evidence was very full on the whole transaction, the judge had it all before him and he found against the complainant. It would serve no useful purpose to review the evidence in detail. It is sufficient to say that we are satisfied witji the learned judge’s view of the facts and we affirm the decree on his conclusions of law.
Decree affirmed.
Reference
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- Status
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- Syllabus
- Deed—Parent and bhild—Fraud—Support and maintenance—Evidence— Presumption. Where an elderly woman feeling herself unable to continue the management of her real estate conveys it to her son in consideration of support and maintenance for her life, and it appears that the income will only be sufficient to support her, and that her support remains a charge on the land, no fraud or unfair practice will be presumed from the conveyance, and in the absence of evidence of fraud and actual undue influence such conveyance will be sustained. In such a case the absence of a power of revocation in the deed is immaterial.