Legal Opinion

Hemphill's Appeal

Supreme Court of Pennsylvania

Decided May 17, 1852PublishedCited by 15 opinions

These were appeals from the decree of the Orphans’ Court, Philadelphia. They were entered in the matter of the accounts of John Bacon, and Matthew L. Bevan (who survived Mark Richards), trustees of Mrs. Maria A. Hemphill.

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These were appeals from the decree of the Orphans’ Court, Philadelphia. They were entered in the matter of the accounts of John Bacon, and Matthew L. Bevan (who survived Mark Richards), trustees of Mrs. Maria A. Hemphill. Stephen Girard in his last will, inter alia, bequeathed as follows: “ I give and bequeath absolutely to my niece Antoinette, now married to Mr. Hemphill, the sum of $10,000; and I also give and bequeath to her the sum of $50,000, to be paid over to a trustee or trustees to be appointed by my executors, which trustee or trustees shall place and continue the fund of $50,000…

1Opinion of the Court

The opinion of the Court, was delivered by

Black, C. J.

Stephen Girard, by his will, bequeathed to Mary Antoinette Hemphill, $50,000, to be invested by trustees (whom his executors were empowered to appoint), on good security for her use during life. The trustees, on the 12th of December, 1837, invested a part of this legacy in stock of the Bank of the United States, at twenty per cent, above par. The stock afterwards depreciated in the market, until it bore merely a nominal value. The point to be decided is, whether the trustees shall be credited in their account with these shares of stock at…

2Cited by15 opinions

  1. Taylor's EstateSupreme Court of Pennsylvania · 1923
  2. Appeal of BaerSupreme Court of Pennsylvania · 1889
  3. Commonwealth v. McConnellSupreme Court of Pennsylvania · 1910
  4. Gillingham EstateSupreme Court of Pennsylvania · 1946
  5. Maroney's EstateSupreme Court of Pennsylvania · 1933

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