Mifflin v. Mifflin
Supreme Court of Pennsylvania
FROM THE DECREE OE THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 154 January Term 1888, Sup. Ct.; court below, No. 27 September Term 1885, C. P. No. 4, in Equity.
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FROM THE DECREE OE THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 154 January Term 1888, Sup. Ct.; court below, No. 27 September Term 1885, C. P. No. 4, in Equity. On October 22, 1885, William Mifflin filed a bill in equity against James Mifflin, substituted trustee under the will of Sarah L. Mifflin, J. Sergeant Price, trustee under the will of James L. Mifflin, Theresa W. Mifflin, James Mifflin, Dorothea T. Frohock, widow, formerly Mifflin, and Thomas Mifflin, for 'a partition real estate and an account. Answers having been filed, and issue, the cause was referred to Mr. George…
1Opinion of the Court
Opinion,
Mr. Justice Green :
If the element of indestructibility of the estate of the person who, for the time being, is entitled to the property subject to the future limitation, is an essential in the definition of a perpetuity, the decision of the court below is right. In at least two instances, this court has approved a definition which does include that element. Thus in Hillyard v. Miller, 10 Pa. 334, Chief Justice Gibson said: “ A perfect definition of a pepetuity has not been given, and the nearest approach to it is found in Lewis on Perpetuities, ch. 12, where it is said to be a future…
2Cases cited2 opinions
- Hillyard v. MillerSupreme Court of Pennsylvania · 1849
- Smith's AppealSupreme Court of Pennsylvania · 1879
3Cited by13 opinions
- Estate of LawrencePennsylvania Orphans' Court, Philadelphia County · 1890
- Mather EstateSupreme Court of Pennsylvania · 1963
- Warner, Etc., Admrs. v. Keiser, Etc., Exrs.Indiana Court of Appeals · 1931
- Ryan v. WardCourt of Appeals of Maryland · 1949
- Cook v. HornSupreme Court of Georgia · 1958
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