Philadelphia Trust, Safe Deposit & Insurance Company's Appeal
Supreme Court of Pennsylvania
Appeal from tire Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1884, No. 272. Appeal of the Philadelphia Trust, Safe Deposit and Insurance Company, administrators of the estate of J. Rudhall White, deceased, from a decree of said court dismissing their exceptions to, and confirming the report of an auditor upon the final account of Samuel C. Perkins, trustee under a deed of marriage settlement between John F. White and Carolina Peace.
Read the full summary
Appeal from tire Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1884, No. 272. Appeal of the Philadelphia Trust, Safe Deposit and Insurance Company, administrators of the estate of J. Rudhall White, deceased, from a decree of said court dismissing their exceptions to, and confirming the report of an auditor upon the final account of Samuel C. Perkins, trustee under a deed of marriage settlement between John F. White and Carolina Peace. Before the Auditor (Chas. W. Beresford, Esquire) the following facts appeared: In 1838 a deed of marriage settlement was executed hy…
1Opinion of the Court
The opinion of the court was filed January 26th, 1885.
2Per curiam
We agree with the conclusion of the Auditor, that the death of the life tenant was the time fixed by the marriage settlement, to determine the next of kin of Carolina Peace. We will not review the numerous authorities cited in the able argument of the counsel for the appellant. It is not necessary to question their force or the facts upon which they rest. In the present case, the clear intention of the settlor must control. That is the governing rule of construction. It is not sufficient to change the manifest intention of the whole…
3Cited by2 opinions
- Reed EstatePennsylvania Orphans' Court, Montgomery County · 1961
- Stewardson's EstatePennsylvania Orphans' Court, Philadelphia County · 1931