Barrett's Estate
Superior Court of Pennsylvania
Appeal, No. 153, Oct. T., 1912, by Charles B. Barrett and Helen C. Barrett, Trustees, from decree of O. C. Phila. Co., April T., 1911, No. 125, directing payment of money in Estate of Joseph D. Barrett, deceased. Petition to pay over money.
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Appeal, No. 153, Oct. T., 1912, by Charles B. Barrett and Helen C. Barrett, Trustees, from decree of O. C. Phila. Co., April T., 1911, No. 125, directing payment of money in Estate of Joseph D. Barrett, deceased. Petition to pay over money. Dallett, P. J., filed an opinion which was in part as follows: By his will the testator provides as follows: “I devise, in trust, $5,000.00 for my nephew, Donald Barrett, son of my deceased brother, Edwin J. H. Barrett, and appoint my sister Helen C. Barrett and my brother Charles B. Barrett trustees, to administer this trust, with full power to spend said…
1Opinion of the Court
Opinion by
Head, J.,
To ascertain the powers and duties of the respondent trustees we must look to the language of the testator’s will wherein he created the trust and appointed those who were to administer it. We have no other source of information at our disposal. Manifestly we cannot now give to loose expressions or oral declarations, made at some indefinite time by the testator, a force and legal *106significance which, he denied to them when he declined to incorporate them in his will.
The important clause of the will is brief, viz.:
“I devise in trust $5000.00 for my nephew Donald Barrett ....…
2Cases cited2 opinions
- Erisman v. Directors of the PoorSupreme Court of Pennsylvania · 1864
- Stewart v. MaddenSupreme Court of Pennsylvania · 1893
3Cited by7 opinions
- Walters' CaseSupreme Court of Pennsylvania · 1924
- Cronin's CaseSupreme Court of Pennsylvania · 1937
- Swinson EstateSuperior Court of Pennsylvania · 1950
- Gill's EstatePennsylvania Orphans' Court, Schuylkill County · 1926
- Jackson EstatePennsylvania Orphans' Court, Delaware County · 1958
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