Legal Opinion

Myers's Estate

Supreme Court of Pennsylvania

Decided April 27, 1903No. Appeal, No. 183PublishedCited by 8 opinions

Appeal, No. 183, Jan. T., 1902, by Mark Myers, trustee, from decree of O. C. Phila. Co., Oct. T. 1900, No. 250, removing trustee in estate of Simon S. Myers, deceased. Petition for removal .of trustee. The facts appear by the opinion of the Supreme Court. Error assigned was decree removing trustee.

1Opinion of the Court

Pee, Ctjeiam,

The court below found that owing to the hostile relations between the appellant and his cotrustee, the retention of the former would naturally work disadvantage, inconvenience and great discomfort to the latter, and that the petition for appellant’s removal was not the offspring of whim or caprice, but of irreconcilable antagonism which “ resulted largely from the dogmatic domineering and ungentle behavior of the respondent (appellant) towards the petitioner.”

The court further found specifically that the facts as shown by the evidence brought the case clearly within the…

2Cases cited2 opinions

  1. Neafie's EstateSupreme Court of Pennsylvania · 1901
  2. Marsden's EstateSupreme Court of Pennsylvania · 1895

3Cited by8 opinions

  1. Mathues's EstateSupreme Court of Pennsylvania · 1936
  2. McCaskey's EstateSupreme Court of Pennsylvania · 1932
  3. McCaskey's EstateSupreme Court of Pennsylvania · 1928
  4. Quinn's EstateSupreme Court of Pennsylvania · 1941
  5. Gilbert v. JohnsonSuperior Court of Pennsylvania · 1912

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