Mooney's Estate
Supreme Court of Pennsylvania
Appeal, No. 198, Jan. T., 1902, by Michael Nelson Walsh, from decree of O. C. Phila. Co., July T., 1901, No. 292, dismissing petition for citation in estate of Ellen Mooney, deceased. Petition for citation.
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Appeal, No. 198, Jan. T., 1902, by Michael Nelson Walsh, from decree of O. C. Phila. Co., July T., 1901, No. 292, dismissing petition for citation in estate of Ellen Mooney, deceased. Petition for citation. The petition averred as follows: 1. That Ellen Mooney died on June, 29 1900, leaving a will as follows: “ Philadelphia, September 15th, 1899. “ I Ellen Mooney been of sound mind and clear understanding do bequeath all my property in the City of Philadelphia State of Pennsylvania and Atlantic City New Jersey both real and personal to Michael Nelson Walsh for his use and benefit during his…
1Opinion of the Court
Per Curiam,
The manifest intent of the testatrix in creating a testamentary trust was not only to preserve the remainders under her will, but to prevent the property from coming into the control of the life beneficiary and to put it under the management, control and discretion of the trustee during his life and the minority of the youngest of his children. This was enough to bring the case within the principle of Watson’s Appeal, 125 Pa. 340.
Decree affirmed with costs.
2Cases cited1 opinion
- Appeal of WatsonSupreme Court of Pennsylvania · 1889
3Cited by5 opinions
- C. I. T. Corporation v. FlintSupreme Court of Pennsylvania · 1939
- Harrity v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1924
- Vaughan's EstateSupreme Court of Pennsylvania · 1911
- Whiteley's EstateSupreme Court of Pennsylvania · 1922
- Hoopes's EstateSupreme Court of Pennsylvania · 1911