Appeal of Edwards
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Philadelphia County. Of January Term, 1884, No. 249. This was an appeal by Emma H. Edwards, surviving executrix of Sarah P. Howard, deceased, and Charles M. Cooper and Joseph B. Cooper, from the decree of said court dismissing their exceptions to the report of an Auditor, in the matter of the distribution of a fund arising under a certain deed of trust, and confirming the Auditor’s report.
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Appeal from the Court of Common Pleas, No. 1, of Philadelphia County. Of January Term, 1884, No. 249. This was an appeal by Emma H. Edwards, surviving executrix of Sarah P. Howard, deceased, and Charles M. Cooper and Joseph B. Cooper, from the decree of said court dismissing their exceptions to the report of an Auditor, in the matter of the distribution of a fund arising under a certain deed of trust, and confirming the Auditor’s report. The facts of the case, as found by the Auditor, Samuel Hinds Thomas, Esq., were as follows - Elizabeth Wistar by Indenture dated November 25th, 1826, duly…
1Opinion of the CourtJustice Green
The persons who take the fund in court for distribution, must do so as designated grantees under the deed from Elizabeth Wistar to Israel W. Morris in trust. The ultimate benefi-' ciaries of the fee are there described as “ lawfully begotten children or grandchildren ” of Richard M. Wistar, who was the son of Elizabeth Wistar and the cestui que trust for life of the property which produced the fund in court. The question is whether the appellee Thomas M. Wistar is a “lawfully begotten ” child of Richard M. Wistar. He is the illegitimate son of Richard M. Wistar and was legitimated by an Act…
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