Mellon National Bank & Trust Co. v. Esler

Opinion by

Mr. Justice Drew,

Mellon National Bank and Trust Company (formerly The Union Trust Company of Pittsburgh), as successor trustee under the will of James W. Esler, Deceased, brought this bill in equity to compel defendant, Russell J. Esler, brother of testator, to execute a deed conveying to it 1/24 interest in certain real estate claimed to be held upon a constructive trust. The property in question was formerly owned by Tarentum Opera Company, and consists of a piece of land in the Borough of Tarentum, Allegheny County, upon which is erected a moving picture theater. The learned…