Dodson v. Ball
Supreme Court of Pennsylvania
This was a certificate from Nisi Prius: No. 28, to January Term 1869 : In Equity. The bill was by Harriet S. Dodson against George B. W. Ball.
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This was a certificate from Nisi Prius: No. 28, to January Term 1869 : In Equity. The bill was by Harriet S. Dodson against George B. W. Ball. It set out that on 19th of July 1843, the plaintiff being a single woman, and having no marriage in view, conveyed all her real estate to the defendant and Charles H. Ball, in. trust to permit the plaintiff to occupy, manage, let and demise, and take and receive the rents, issues and profits — for her sole and separate use, and for such other use or uses as she may see proper, for the term of her natural life, without any let, hindrance, or molestation…
1Opinion of the Court
The opinion of the court was delivered,
by
Agnew, J.
Two opposite,’ principles underlie the doctrine of trusts, private dominion and public policy. Each has predominated, as the judicial mind has inclined to the one or to the other. The right to control the disposal of property is fundamental; and yet this right must be regulated so as not to conflict with high public interests. In this state the current set in strongly in favor of the former in Lancaster v. Dolan, 1 Rawle 281; wherein Chief Justice Gibson defended with great force the donor’s right to control his gift in behalf of a married…
2Cases cited8 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Ashhurst v. GivenSupreme Court of Pennsylvania · 1843
- Cochran v. O'HernSupreme Court of Pennsylvania · 1842
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Baughman's EstateSupreme Court of Pennsylvania · 1924
- Grote TrustSupreme Court of Pennsylvania · 1957
- Thorne's EstateSupreme Court of Pennsylvania · 1942
- Bowers' Trust EstateSupreme Court of Pennsylvania · 1942
- Spring's EstateSupreme Court of Pennsylvania · 1907
41 more not listed; retrieve them via the Exa API.