158 A. 253 | Pa. | 1931
Plaintiff in her bill asked that a deed of trust she made to her brother be set aside. The court below entered a decree refusing the relief prayed for by plaintiff and permitted defendant to charge designated items of expense against the trust estate, from which decree plaintiff appeals.
The deed in question, signed under date of July 14, 1916, irrevocably conveyed to appellee, in trust, practically the entire property of which appellant was then possessed and other specified property to which she was entitled and would later come into possession, the income under the trust to be paid to her during her lifetime, and at her death the principal to be paid to her issue, if any, and if not, then to her brother, his heirs or assigns; or, should her brother not survive the grantor, then provision was made for a substitute trustee and for the principal to go, at her death, to grantor's heirs under the intestate laws. *574
Appellant avers that she signed the deed without reading it and was unaware of its contents until thirteen years later when this proceeding was instituted; that it was obtained by abuse of confidence, and made without consideration to her.
After hearing testimony, the chancellor found (and his findings, being supported by ample testimony, will not be disturbed by this court: Foley v. Barnett,
Upon the above excerpts from the findings, discussion, and opinion sur exceptions to the findings, we affirm the conclusions of President Judge FINLETTER, acting as chancellor in the court below, that "the deed of trust in this case is a valid and binding one and under its terms irrevocable"; that, no objection having been made at the trial by complainant to the administration of the trust, she is presumed to have approved the same, and likewise the account and supplemental account filed by respondent. While the chancellor made no finding to the effect, it appears in the evidence that the trustee neither asked nor received compensation for his services in executing the trust in behalf of his sister under the deed in question, accordingly we see no valid reason why the trustee, as stated in the third clause of the decree, should not be "permitted to charge against the income of the trust estate the expense incurred in the employment of an expert witness [in connection with the disputed authenticity of written evidence], and a reasonable counsel fee," both services being necessary.
The decree of the court below is affirmed at appellant's costs.