Legal Opinion

Shapley Trust

Supreme Court of Pennsylvania

Decided November 28, 1945No. Appeals, 191 and 192PublishedCited by 40 opinions

1Opinion of the Court

Opinion by

Mr. Justice Allen M. Stearns,

The question raised by these appeals is whether this inter vivos deed of trust is testamentary. In a carefully considered adjudication and opinion the court below answered the question in the negative.

The deed and its amendment transferred a fund to a named trustee, with active duties, to pay the income to settlor for life and “in addition thereto so much of the principal thereof ... as I may in writing from time to time request” and at settlor’s decease to transfer the corpus to named beneficiaries. Settlor reserved the right to revoke, alter or amend,…

2Cases cited17 opinions

  1. Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
  2. Scanlon's EstateSupreme Court of Pennsylvania · 1933
  3. Davis v. NeyMassachusetts Supreme Judicial Court · 1878
  4. Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
  5. Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932

12 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Henderson EstateSupreme Court of Pennsylvania · 1959
  2. McKean EstateSupreme Court of Pennsylvania · 1951
  3. Pengelly EstateSupreme Court of Pennsylvania · 1953
  4. Cohn v. Central National BankSupreme Court of Virginia · 1950
  5. Damiani v. LobascoSupreme Court of Pennsylvania · 1951

35 more not listed; retrieve them via the Exa API.

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