McKee v. Jones
Supreme Court of Pennsylvania
In error from the District Court of Allegheny county. Sept. 23. This was an ejectment in which the main question was, whether a trust had been established by the parol agreement of a devisee with the devisor.
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In error from the District Court of Allegheny county. Sept. 23. This was an ejectment in which the main question was, whether a trust had been established by the parol agreement of a devisee with the devisor. The plaintiff’s evidence was the will of his mother, dated August 21, 1823, devising the tract in question to her son Ephraim, (the plaintiff,) and daughter Eleanor (the wife of the defendant below). On the 23d of October, the testatrix executed a codicil giving the whole tract to Eleanor in fee. Under exception the plaintiff proved, by the counsel who drew the will and codicil, that at…
1Opinion of the CourtBurnside, J.
This ejectment engaged the attention of this court on a former occasion, and will be found reported in 3 Barr, 497. The evidence of the parties was substantially the same then as now. On the authority of numerous cases, this court then held that it ought to be left to the jury to determine under the *428evidence, that the mother added the codicil to create the trust, and if the daughter assented to the trust it still exists. The further argument has satisfied us that the case hears a strong resemblance to the principle settled in Hoge v. Hoge, 1 Watts, 214. Where the trust owes its validity to…
2Cases cited4 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Craig v. CraigSupreme Court of Pennsylvania · 1835
- Chew v. Commissioners of SouthwarkSupreme Court of Pennsylvania · 1835
- Sharp v. EmmetSupreme Court of Pennsylvania · 1840
3Cited by7 opinions
- Commonwealth v. WillisSupreme Court of Pennsylvania · 1988
- Commonwealth v. KaySuperior Court of Pennsylvania · 1900
- Commonwealth v. GoetzSuperior Court of Pennsylvania · 1937
- Burks v. StateSupreme Court of Arkansas · 1906
- Crooks v. Bunn, Pennsylvania Court of Common Pleas, Philadelphia County1890
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