68 Pa. Super. 224 | Pa. Super. Ct. | 1917
Opinion by
This is an appeal from an adjudication in the estate of Ann Strang. It is not necessary to comment on the several complications that arose in the settlement of this estate and the estate of the husband, James Strang. The question presented by the argument narrows down to one of gift. It was shown by the accountant that prior to the death of his mother, Ann Strang, she had given him a check for $1,015.65. One-half was to be his own property and the other half was to be used to pay the debts and funeral expenses, and if any remained it was to be divided among the heirs. The reason for the gift was that this son was an epileptic, and both father and mother were solicitous for his future. There was no evidence that either of these persons was incompetent to make a gift, nor of any acts which raised a suspicion of fraud or undue influence. The capacity of the donor will be presumed, and the fairness of the transaction is shown by the fact that the father, mother and this son lived together, and the son contributed to the support of the
We are satisfied that the court Avas in error in directing the account and to distribute the full amount received on the Hallam bond and mortgage. He should have been required to account for one-half of that amount. The item of interest, $33.44, was an error, and would have been corrected had attention been called to it. It can now be done. The commission of five per cent, on the entire sum should be restated.
The decree is reversed and it is directed that the account be restated and distribution made in accordance with this opinion.