Ogden's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas: In Equity: No. 129, to July Term 1871. This case arose on the will of Cadwalader Evans, who died in 1841. The will was dated March 3d 1838, and proved November 15th 1841; it is as follows:— * * * “ I give, &c., to my dear wife, to hold so long as she shall continue my widow, the ho'use in which I now reside, situate on the north side of Mulberry street, &c., in Philadelphia, together with the lot of ground upon which the…
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Appeal from the decree of the Court of Common Pleas: In Equity: No. 129, to July Term 1871. This case arose on the will of Cadwalader Evans, who died in 1841. The will was dated March 3d 1838, and proved November 15th 1841; it is as follows:— * * * “ I give, &c., to my dear wife, to hold so long as she shall continue my widow, the ho'use in which I now reside, situate on the north side of Mulberry street, &c., in Philadelphia, together with the lot of ground upon which the same is erected, containing, &e., and also all my household and kitchen furniture. And I do also give and bequeath unto…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1872, by
Asnew, J.
If the trust for Mrs. Harriet V. Ogden, under the will of her father, Cadwalader Evans, be active, as decided by the learned judge of the Common Pleas, his decree was right. This, therefore, is the real question. Since the decision in Barnett’s Appeal, 10 Wright 392, overruling Kuhn v. Newman, 2 Casey 227, active trusts are sustained even as to cestuis que trust sui juris, where the intent of the donor is to make the trust answer some useful and legal but temporary purpose, not infringing upon the law of perpetuities: Wells v.…
2Cited by11 opinions
- Carson v. FuhsSupreme Court of Pennsylvania · 1890
- Trust Estate for KuntzlemanPennsylvania Orphans' Court, Philadelphia County · 1890
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Armstrong v. MichenerSupreme Court of Pennsylvania · 1894
- Peoples Sav. Bank v. DenigSupreme Court of Pennsylvania · 1890
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