Moses v. Moses

The opinion of the court was delivered by

Heher, J.

The original transaction here falls into the category of an oral express or direct trust. The presumption of a voluntary settlement arising from the appellant husband’s conveyance of the six parcels of land to his wife on May 6th, 1941, by deed absolute on its face, was overcome by the proofs. It was shown by clear and convincing evidence (the standard of proof in such cases) that the conveyance was made to the use of the husband. Indeed, there is no contention contra; it is conceded that the transfer was not motivated by a donative intent and…