Morton's Estate
Supreme Court of Pennsylvania
Appeal, No. 108, Oct. T., 1901, by Mercantile Trust Company, guardian of Francis M. Longdon, minor child of Birdella M. Longdon, deceased, from decree of O. C. Allegheny Co., April T., 1896, No. 186, in the matter of petition for advice and instructions in the estate of Andrew Morton, deceased. Petition of Francis J. Longdon, Jr., for decree instructing a trustee to pay the income of his deceased wife’s share to him as tenant by the curtesy.
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Appeal, No. 108, Oct. T., 1901, by Mercantile Trust Company, guardian of Francis M. Longdon, minor child of Birdella M. Longdon, deceased, from decree of O. C. Allegheny Co., April T., 1896, No. 186, in the matter of petition for advice and instructions in the estate of Andrew Morton, deceased. Petition of Francis J. Longdon, Jr., for decree instructing a trustee to pay the income of his deceased wife’s share to him as tenant by the curtesy. The pertinent facts are stated in the opinion of the Supreme Court. Error assigned was decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This decree must be reversed for want of jurisdiction in the court below. There was no case before it for adjudication.
' The facts so far as now pertinent may be stated as follows: Andrew Morton, the testator, devised land in trust for his four children to continue as long as any one survived, and the share of any child dying, leaving issue, to be paid to his, or her children. A son died leaving a daughter, Mary McKinney, who died in 1896 leaving a husband and children, the latter being thus the great grandchildren of the testator. Thereupon the trustee filed a…
2Cases cited5 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Willard's AppealSupreme Court of Pennsylvania · 1870
- Miller's EstateSupreme Court of Pennsylvania · 1894
- Ake & Feay's AppealSupreme Court of Pennsylvania · 1873
- Wimmer's AppealSupreme Court of Pennsylvania · 1836
3Cited by13 opinions
- Calabrese v. Collier Township Municipal AuthoritySupreme Court of Pennsylvania · 1968
- Capital Bank and Trust Company's PetitionSupreme Court of Pennsylvania · 1939
- Ross v. Philadelphia Federation of TeachersCommonwealth Court of Pennsylvania · 1973
- Rebmann's EstateSupreme Court of Pennsylvania · 1940
- Kimberly's EstateSupreme Court of Pennsylvania · 1915
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