202 Pa. 88 | Pa. | 1902
Opinion by
The appellant contends, first, there was not a valid gift of the mortgage to the appellee, and, secondly, she cannot retain the benefit of it, because her relations to the deceased were of such a confidential character that the burden was upon her to show no advantage had been taken of the donor, and that the gift was a voluntary and intelligent act.
The referee’s finding of what the relation of the parties was, disposes of the second reason why the decree should be reversed. That finding, fully justified by the evidence, was that Mrs. Twining, the deceased, and Mrs. Funston, the appellee, were simply sisters ; that the business relation of principal and agent did not exist between them, and that the little the latter may have done for the former in connection with her building association stock and deposits in bank had been performed as an office of sisterly affection to one of whom there was no evidence that she was either weak or easily influenced. It will serve no good purpose to call attention to the testimony upon which the referee based this finding, and, being a proper one, the appellee was not called upon to establish the bona fides of what she alleges was the gift to her by her deceased sister. The third and fourth assignments are, therefore, overruled, and our attention will be given to the first and second, which raise the question of the validity of the gift under the testimony offered in support of it.
The allegations of the bill are, that the appellee and her husband, in February, 1885, executed a bond and mortgage to the deceased for f2,400, payable in ten years; that the appellee was the sister and nearest relative of the deceased; that, after the bond and mortgage had been delivered to her, the deceased handed them to the appellee, saying, “Here, I give this to you; all you need is to pay the interest at four per cent during my life, and then the mortgage is yours; ” that the appellee then took, and has ever since controlled, posses
The decree of the court below, made upon the proper findings of fact and conclusions of law by the referee, is affirmed and the appeal dismissed with costs.