Sharpless's Estate
Supreme Court of Pennsylvania
Appeal, No. 88, Jan. T., 1892, by-Edwin S. Mendenhall et al., trustees of Caroline Hampton et al., under the will of John Sharpless, deceased, from decree of O. C. Chester Co., confirming report of auditor on distribution. Claim to receive bequest free from trust.
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Appeal, No. 88, Jan. T., 1892, by-Edwin S. Mendenhall et al., trustees of Caroline Hampton et al., under the will of John Sharpless, deceased, from decree of O. C. Chester Co., confirming report of auditor on distribution. Claim to receive bequest free from trust. The auditor on distribution, R. T. Cornwell, found among other things that decedent died leaving a will, wherein, after specific devises and bequests, he directed the residue of his estate to be equally divided among his nephews and nieces. He then provided as follows: “ I hereby direct that any part or share of my estate, coming to…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We agree with the learned auditor that this case is not distinguishable in principle from Yerkes’s Appeal, 2 Chester Co. Reports, 410. In that case the testator bequeathed the income of his estate to his wife, during her life, and at her death the principal of it to his children who conveyed their interests in it to her. An application was made to the orphans’ court for an order on the executor to pay to her the corpus of the estate and it was resisted by him on the ground that the trust was an active one and the persons entitled to the remainder could not…
2Cited by18 opinions
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- Matter of Estate of BloughSupreme Court of Pennsylvania · 1977
- Simmons v. Northwestern Trust Co.Supreme Court of Minnesota · 1917
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