Bingham's Appeal
Supreme Court of Pennsylvania
Appeal from tbe decree of the Orphans’ Court of Philadelphia: No. 259, to January Term 1870: In the matter of the account of Charles Willing, trustee of Alexander B. Bingham, under the will of William Bingham, deceased.
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Appeal from tbe decree of the Orphans’ Court of Philadelphia: No. 259, to January Term 1870: In the matter of the account of Charles Willing, trustee of Alexander B. Bingham, under the will of William Bingham, deceased. William Bingham was domiciled in Philadelphia; his will was proved there June 16th 1856. In the first paragraph the testator says :— “ I hereby declare that my domicile is now, and has always been, notwithstanding my residence abroad, in the said city of Philadelphia, and that I have neither done or intend to do any act whereby to make any change thereof, and that this my last…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
— It may be admitted that the intention of the donee of a'power is the true criterion to determine its execution. But this intention must appear in the instrument itself. In Pennsylvania the rule is, that the instrument must refer to the power to be executed, or actually dispose of the subject of it: Wetherill v. Wetherill, 6 Harris 265; Thompson v. Garwood, 3 Whart. 287; Meconkey’s Appeal, 1 Harris 259 ; Keefer v. Schwartz, 11 Wright 508; Commonwealth v. Duffield, 2 Jones 280; Heffernan v. Addams, 7 Watts 116. When the donee of a power…
2Cases cited3 opinions
- Thompson v. GarwoodSupreme Court of Pennsylvania · 1838
- Heffernan v. AddamsSupreme Court of Pennsylvania · 1838
- White v. HicksNew York Supreme Court · 1864
3Cited by28 opinions
- Wolfe v. Lewisburg Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1931
- Thompson v. Wanamaker's TrusteeSupreme Court of Pennsylvania · 1920
- Barton TrustSupreme Court of Pennsylvania · 1943
- People v. KaiserIllinois Supreme Court · 1922
- In re New York Life Ins. & Trust Co.New York Surrogate's Court · 1913
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