Strite v. Wolf
Supreme Court of Pennsylvania
Appeal, No. 37, Jan. T., 1921, by defendant, from judgment of C. P. Franklin Co., Feb. T., 1920, No. 110, for plaintiff, in case of J. A. Strife, trustee under will of John Lortz, deceased, v. H. G. Wolf. Amicable action in assumpsit on case-stated to determine right of trustee to convey real estate. Before Gillan, P. J. The court entered judgment in favor of plaintiff, the trustee, in the sum of $7,200 and costs. Defendant appealed.
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Appeal, No. 37, Jan. T., 1921, by defendant, from judgment of C. P. Franklin Co., Feb. T., 1920, No. 110, for plaintiff, in case of J. A. Strife, trustee under will of John Lortz, deceased, v. H. G. Wolf. Amicable action in assumpsit on case-stated to determine right of trustee to convey real estate. Before Gillan, P. J. The court entered judgment in favor of plaintiff, the trustee, in the sum of $7,200 and costs. Defendant appealed. Error assigned was above judgment, quoting it.
1Opinion of the Court
Opinion by
Me. Justice Walling,
This is an amicable action of assumpsit, on a case-stated, to determine the right of a testamentary trustee to convey real estate. John Lortz, late of the Borough of Chambersburg, died testate in 1904, and his last will provides, inter alia:
“I give, devise and bequeath to my executor hereinafter named, who is hereby appointed trustee as well, for the purposes hereinafter expressed, his heirs and assigns, all the entire residue of my estate, real, personal and mixed, and wheresoever situate, in trust, to manage, direct and control the same, and to dispose of the…
2Cases cited3 opinions
- Brown v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1904
- Ross v. BarclaySupreme Court of Pennsylvania · 1851
- Sheaffer's EstateSupreme Court of Pennsylvania · 1911
3Cited by5 opinions
- Schulz EstateSupreme Court of Pennsylvania · 1953
- Buch's EstateSupreme Court of Pennsylvania · 1923
- Anderson's EstateSupreme Court of Pennsylvania · 1921
- Penn v. Pennsylvania Co. for InsurancesCourt of Appeals of Kentucky (pre-1976) · 1943
- Evans EstatePennsylvania Orphans' Court, Chester County · 1958