Stewart v. Madden
Supreme Court of Pennsylvania
Appeal, No. 126, Oct. T., 1891, by plaintiffs, M. A. Stewart and Amanda Stewart, his wife, in her right, from judgment of O. P. Mercer Co., Jan. T., 1887, No. 107, upon special verdict for defendant, Charles Madden. Ejectment in 1886 for undivided half of tract of land. On the trial, before Mehard, P. J., the jury found the following facts in the nature of a special verdict: On Nov. 17, 1854, Letitia Robinson and her husband Jackson Robinson made a deed to Chas.
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Appeal, No. 126, Oct. T., 1891, by plaintiffs, M. A. Stewart and Amanda Stewart, his wife, in her right, from judgment of O. P. Mercer Co., Jan. T., 1887, No. 107, upon special verdict for defendant, Charles Madden. Ejectment in 1886 for undivided half of tract of land. On the trial, before Mehard, P. J., the jury found the following facts in the nature of a special verdict: On Nov. 17, 1854, Letitia Robinson and her husband Jackson Robinson made a deed to Chas. D. Everett, Jr., for the tract of laud in dispute. “Also all her right, title, interest, property, claim and demand of and in the…
1Opinion of the Court
Opinion by-
Mr. Justice Sterrett,
In Erisman v. Directors, etc., 47 Pa. 509, a gift having been made in trust for a feme covert with discretionary power in the trustee to apply any part of the trust estate for the benefit of the cestui que trust, “ if urgent necessity shall require,” this court held (1) that the discretion here given was but legal, and whenever the law determined that a proper case had arisen, in which the trustee’s discretion should have been exercised in a particular way, he would be constrained to act in accordance therewith ; and (2) that the adjudication of lunacy of the…
2Cases cited2 opinions
- Erisman v. Directors of the PoorSupreme Court of Pennsylvania · 1864
- Estate of GrindrodSupreme Court of Pennsylvania · 1891
3Cited by10 opinions
- Walters' CaseSupreme Court of Pennsylvania · 1924
- Harrar's EstateSupreme Court of Pennsylvania · 1914
- Nolan v. NolanSupreme Court of Pennsylvania · 1907
- Cronin's CaseSupreme Court of Pennsylvania · 1937
- Barrett's EstateSuperior Court of Pennsylvania · 1913
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