Appeal of Neale
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Clarion county : Of October and November Term 1883, No. 199. This was an appeal by Charles T. Neale, guardian of James E. Brown, Jr., from a decree distributing the proceeds of a sale in partition of certain real estate, late of James E. Brown and Thomas McConnell. The facts were as follows : James E. Brown at the time of his death was seised as tenant in common with Thomas McConnell, of certain real estate.
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Appeal from the Court of Common Pleas of Clarion county : Of October and November Term 1883, No. 199. This was an appeal by Charles T. Neale, guardian of James E. Brown, Jr., from a decree distributing the proceeds of a sale in partition of certain real estate, late of James E. Brown and Thomas McConnell. The facts were as follows : James E. Brown at the time of his death was seised as tenant in common with Thomas McConnell, of certain real estate. After Mr. Brown’s death McConnell brought an action of partition against his widow, devisees and heirs, which was so proceeded in that said…
1Opinion of the CourtChief Justice Mbbcub
The main question argued in this case is -whether paragraph seven of the will of Jas. E. Brown, created a valid trust in Elwina Finley, now Linton. The devise was to her, for her sole and separate use, not to be controlled, encumbered or charged by or liable or subject in any way, to debts, contracts or engagements of any future husband of said Elwina. The will was executed on the 30th of March 1871. Elwina was then under ten years of age. She did not marry until almost eight years thereafter. It is not pretended, when the attempt was made to create this trust, that it was in immediate…
2Cases cited1 opinion
- Hamersley v. SmithSupreme Court of Pennsylvania · 1839
3Cited by8 opinions
- Doolittle v. McConnellCalifornia Court of Appeal · 1924
- Peterson's EstateSupreme Court of Pennsylvania · 1913
- Pennsylvania Co. for Insurances on Lives & Granting Annuities' AccountSupreme Court of Pennsylvania · 1919
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Briggs' EstateSuperior Court of Pennsylvania · 1942
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