Spence v. Commonwealth Trust Co.

Montgomery, J.,

— The principal dispute in this matter is the alleged conflict of the jurisdiction of this court with that of the orphans’ court.

The facts, summarized, are as follows: On September 1,1920, William A. Way as trustee for his children, Katherine Way and Louise J. Way, under the will of his wife, Louise Jones Way, executed and delivered a deed to the Commonwealth Trust Company (herein referred to as defendant) as trustee and transferred to it the assets which he was holding as trustee.

William A. Way, Frederick Way and John W. Way, reciting that they were holding $18,000 in trust…