Legal Opinion

Funston v. Twining

Supreme Court of Pennsylvania

Decided March 24, 1902No. Appeal, No. 192PublishedCited by 13 opinions

Appeal, No. 192, Jan. T., 1901, by defendant, from decree of C. P. No. 2, Phila. Co., March T., 1900, No. 6T5, on bill in equity in case of Susannah Funston v. David R. Twining, Executor of Sarah Twining, Deceased. Bill in equity to compel the satisfaction of a mortgage alleged to have been given to plaintiff by the defendant’s testatrix. Before Henry Budd, Esq., referee. The opinion of the Supreme Court states the case.

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Appeal, No. 192, Jan. T., 1901, by defendant, from decree of C. P. No. 2, Phila. Co., March T., 1900, No. 6T5, on bill in equity in case of Susannah Funston v. David R. Twining, Executor of Sarah Twining, Deceased. Bill in equity to compel the satisfaction of a mortgage alleged to have been given to plaintiff by the defendant’s testatrix. Before Henry Budd, Esq., referee. The opinion of the Supreme Court states the case. The court entered a decree directing a satisfaction of the mortgage. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Me. Justice Brown,

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…

2Cases cited4 opinions

  1. Young v. . YoungNew York Court of Appeals · 1880
  2. Appeal of WalshSupreme Court of Pennsylvania · 1888
  3. Doty v. . WillsonNew York Court of Appeals · 1872
  4. William A. Wagoner's EstateSupreme Court of Pennsylvania · 1896

3Cited by13 opinions

  1. Leedom v. PalmerSupreme Court of Pennsylvania · 1922
  2. Scott EstateSupreme Court of Pennsylvania · 1974
  3. Northern Trust Co. v. HuberSupreme Court of Pennsylvania · 1922
  4. Packer v. ClemsonSupreme Court of Pennsylvania · 1920
  5. Allshouse's EstateSupreme Court of Pennsylvania · 1931

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