Eberly's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Cumberland county: Of January Term 1885, No. 298. This was a petition filed by John R. Albright against Samuel Eberty, trustee under the will of Samuel Albright, deceased, praying that certain accumulations of income be paid to him by the said trustee.
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Appeal from the Orphans’ Court of Cumberland county: Of January Term 1885, No. 298. This was a petition filed by John R. Albright against Samuel Eberty, trustee under the will of Samuel Albright, deceased, praying that certain accumulations of income be paid to him by the said trustee. The defendant filed an answer and the matter was referred to an Auditor (William Trickett, Esq.,) who found the facts to be substantially as follows: Samuel Albright died in April, 1869, leaving a will which was duly probated. After bequeathing to his mother $50 annually or such larger sum as' should be…
1Opinion of the CourtJustice Sterrett
It is unnecessary to consider the broad question which has been so ably discussed by the learned counsel for appellant, viz: Whether the 9th section of the Act of April 18th, 1853, Purd. 1245, pi. 9, was intended in any way to affect what are sometimes classed as “ spendthrift trusts.” The language of the Act is very comprehensive, and while it is perhaps to be regretted that it is so sweeping in its terms, we are constrained to adhere to the construction that has heretofore been given to it in Washington’s Estate, 25 P. F. S., 102; Stille’s Appeal, 4 W. N. C., 42; McKee’s Appeal, 15 Norris,…
2Cited by26 opinions
- Neel's EstateSupreme Court of Pennsylvania · 1916
- Spring's EstateSupreme Court of Pennsylvania · 1907
- Mathues's EstateSupreme Court of Pennsylvania · 1936
- Harrison's EstateSupreme Court of Pennsylvania · 1936
- Estate of HowellSupreme Court of Pennsylvania · 1897
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