Sinnamon v. Clayton

Opinion by

Mr. Justice Simpson,

These two appeals by the only surviving son of John Clayton, deceased, raise the same question, were argued together, and will be decided in this one opinion. In the first, appellant contends that the orphans’ court should have awarded to him one-half of the net residue of testator’s personal estate, and not decreed that it should be held by the trustee, appellee, upon the trusts contained in the will. In the second, in a suit in equity for partition, he contends that, the common pleas should have decreed, that he, and not the trustee, was the owner of one-half…