Legal Opinion

Fidelity Title & Trust Co. v. Graham

Supreme Court of Pennsylvania

Decided July 17, 1918No. Appeal, No. 313PublishedCited by 11 opinions

Appeal, No. 313, Jan. T., 1917, by plaintiffs, from judgment of O. P. Fayette Co., Sept. T., 1916, No. 462, for defendant, on case stated, in case of Fidelity Title & Trust Company of Pittsburgh and Adam Jacobs Graham, Executors and Trustees under the Will of Samuel S. Graham, Deceased, v. Catherine E. Graham. Case stated to determine the ownership of the proceeds of life insurance policies. Before Reppert, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 313, Jan. T., 1917, by plaintiffs, from judgment of O. P. Fayette Co., Sept. T., 1916, No. 462, for defendant, on case stated, in case of Fidelity Title & Trust Company of Pittsburgh and Adam Jacobs Graham, Executors and Trustees under the Will of Samuel S. Graham, Deceased, v. Catherine E. Graham. Case stated to determine the ownership of the proceeds of life insurance policies. Before Reppert, J. The opinion of the Supreme Court states the facts. The court entered judgment for defendant on the case stated. Plaintiffs appealed. Error assigned was in entering judgment for…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is a case stated in an action of assumpsit to determine the ownership of a fund derived from life insurance. On June 6, 1908, Samuel S. Graham, of Brownsville, Fayette County, executed his last will, by which he gave all his property to plaintiffs as trustees and executors, to manage and collect the income, etc., but *275no property to be sold or investment changed without the written consent of his wife, Catherine E. Graham, who is given the entire income and profits of the estate for life and then the property to be divided among his children. The will also…

2Cases cited3 opinions

  1. Kreiser's AppealSupreme Court of Pennsylvania · 1871
  2. Oberly v. OberlySupreme Court of Pennsylvania · 1899
  3. Robert Odenwelder's EstateSuperior Court of Pennsylvania · 1896

3Cited by11 opinions

  1. Gritz v. GritzSupreme Court of Pennsylvania · 1939
  2. Sigal v. Hartford National Bank & Trust Co.Supreme Court of Connecticut · 1935
  3. Jackman v. Equitable Life Assur. Soc. of United StatesCourt of Appeals for the Third Circuit · 1944
  4. Parago v. Department of Public WelfareCommonwealth Court of Pennsylvania · 1972
  5. Sheaffer v. CommissionerUnited States Tax Court · 1949

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