Way v. Hooton
Supreme Court of Pennsylvania
Appeal, No. 292, Jan. T., 1893, from decree of C. P. Chester Co., dismissing bill in equity against Francis C. ITooton, executor of James S. Neely, deceased, Francis C. Hooton, individually, and Peter Supplee, Jr. Bill in equity to enforce resulting trust. The master, Titos.
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Appeal, No. 292, Jan. T., 1893, from decree of C. P. Chester Co., dismissing bill in equity against Francis C. ITooton, executor of James S. Neely, deceased, Francis C. Hooton, individually, and Peter Supplee, Jr. Bill in equity to enforce resulting trust. The master, Titos. S. Butler, Esq., reported the facts as follows : “ Peter Supplee, Jr., acquired title to a farm in Honeybrook township, Chester county, Pa., of about one hundred and eighty-three acres, on the ninth day of March, 1880. Horatio J. Supplee, the former owner of the farm, died intestate, and left to survive him a widow and…
1Opinion of the Court
Orinion by
Mu. Justice Green,
We are clearly of opinion that this case was correctly decided by the master and learned court below. The real estate which is the subject of the present contention was never impressed with any trust on the face of the title. It is not a case in which a trustee has purchased the land which was the subject of the trust, nor is it the case of a trustee acquiring title in himself to the trust estate by any act of purchase or release from the cestui que trust. Nor yet is it a case where a trust fund was used by the trustee in the purchase of the entire title to the…
2Cases cited11 opinions
- Cochran v. YoungSupreme Court of Pennsylvania · 1883
- Hegarty's AppealSupreme Court of Pennsylvania · 1874
- Christy v. SillSupreme Court of Pennsylvania · 1880
- Kenyon v. StewartSupreme Court of Pennsylvania · 1863
- Warfield v. FoxSupreme Court of Pennsylvania · 1867
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3Cited by20 opinions
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- First Pool Gas Coal Co. v. Wheeler Run Coal Co.Supreme Court of Pennsylvania · 1930
- D'Ambrosio v. PhiladelphiaSupreme Court of Pennsylvania · 1946
- Olinger v. ShultzSupreme Court of Pennsylvania · 1898
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