Franklin's Estate
Supreme Court of Pennsylvania
Appeal, No. 16, July T., 1891, by petitioners, from decree of O. C. Phila. Co., July T., 1890, No. 214, sustaining the city’s demurrers to appellant’s petitions for citation. The petitions of Elizabeth D. Gillespie and Albert D. Bache set forth that Benjamin Franklin died, domiciled in the city of Phila., on April 17, 1790, leaving a will dated July 17, 1788, and a codicil thereto dated June 23, 1789, which, on April 23, 1790, were duly probated.
Read the full summary
Appeal, No. 16, July T., 1891, by petitioners, from decree of O. C. Phila. Co., July T., 1890, No. 214, sustaining the city’s demurrers to appellant’s petitions for citation. The petitions of Elizabeth D. Gillespie and Albert D. Bache set forth that Benjamin Franklin died, domiciled in the city of Phila., on April 17, 1790, leaving a will dated July 17, 1788, and a codicil thereto dated June 23, 1789, which, on April 23, 1790, were duly probated. By the codicil the testator made the following provisions: “ It having long been a fixed political opinion of mine, that, in a democratical state,…
1Opinion of the Court
Opinion by
Mb. Justice Heydrtck,
The ground upon which the appellants invoke'd the jurisdiction of the orphans’ court was that the city of Philadelphia, having received a legacy from the executors of Dr. Franklin *449under a void bequest, a trust thereupon resulted in favor of his residuary legatees as to the money so received, of which the city, ipso facto, became trustee, and, as such, subject to the jurisdiction of that court. It is not denied that the city received the legacy upon the trusts declared in the will of Dr. Franklin, and it may be admitted for the present purpose that the trust for…
2Cases cited2 opinions
- Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
- Mayor of Philadelphia v. ElliottSupreme Court of Pennsylvania · 1831
3Cited by8 opinions
- Goodman AppealSupreme Court of Pennsylvania · 1967
- Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
- Brown v. BrancatoSupreme Court of Pennsylvania · 1936
- Coleman EstateSupreme Court of Pennsylvania · 1974
- James EstateSupreme Court of Pennsylvania · 1964
3 more not listed; retrieve them via the Exa API.