Legal Opinion

Fox's Estate

Supreme Court of Pennsylvania

Decided April 28, 1919No. Appeal, No. 38PublishedCited by 17 opinions

Appeal, No. 38, Jan. T., 1919, by Walter T. Lee, from decree of O. C. Delaware Co., No. 10875,1917, dismissing petition to compel the executor to file an inventory and appraisement in Estate of Eliza Landell Fox. Petition to compel Henry K. Fox, executor of estate of Eliza Landell Fox to file an inventory and appraisement. Before Johnson, P. J. The court dismissed the petition. Walter T. Lee, petitioner, appealed. Error assigned was decree dismissing the petition.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

The will of the testatrix devised the residue of her estate to her executor to pay the income and net profits, subject to a spendthrift trust, to her husband for and during Ms life, and at his death the income to be paid to her two children, in equal parts, under the same character of trust, with the right of survivorship in case any child should die without issue. The husband, Henry K. Fox, was named as executor and it is the contention of the appellant that no spendthrift or other trust can be created where the sole trustee is also the cestui que trust, the…

2Cases cited6 opinions

  1. Morgan'S EstateSupreme Court of Pennsylvania · 1909
  2. Dodson v. BallSupreme Court of Pennsylvania · 1869
  3. Hahn v. HutchinsonSupreme Court of Pennsylvania · 1893
  4. Ehrisman v. SenerSupreme Court of Pennsylvania · 1894
  5. Breinig v. OldtSuperior Court of Pennsylvania · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Baughman's EstateSupreme Court of Pennsylvania · 1924
  2. Riverside Trust Co. v. TwitchellSupreme Court of Pennsylvania · 1941
  3. Heyl EstateSupreme Court of Pennsylvania · 1945
  4. Mann v. Kreiss (In Re Kreiss)United States Bankruptcy Court, E.D. New York · 1987
  5. Dupuy's EstateSupreme Court of Pennsylvania · 1942

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API