Legal Opinion

Vinton's Appeal

Supreme Court of Pennsylvania

Decided February 20, 1882PublishedCited by 8 opinions

Appeal from the Court of Common Pleas No. 3, of Philadelphia county : Of January Term 1881, No. 254. Appeal by Mrs. Sarah Yinton from a decree of said court dismissing her exceptions to the report of an auditor appointed to audit, settle and adjust the account of the Pennsylvania Company for Insurance on Lives, &c., trustees for said Sarah Vinton, under a certain deed of trust, and confirming the report.

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Appeal from the Court of Common Pleas No. 3, of Philadelphia county : Of January Term 1881, No. 254. Appeal by Mrs. Sarah Yinton from a decree of said court dismissing her exceptions to the report of an auditor appointed to audit, settle and adjust the account of the Pennsylvania Company for Insurance on Lives, &c., trustees for said Sarah Vinton, under a certain deed of trust, and confirming the report. The facts were as follows ; — By indenture dated May 19th 1856, James Martin assigned and transferred to the Pennsylvania Company for Insurance, &c., one hundred shares of the capital stock…

1Opinion of the CourtJustice Gordon

The court below having ascertained, beyond doubt, that the money in controversy was derived, not from the annual earnings or accumulations of the St. Louis Gas Company, but from a sale of part of its franchise and permanent property, thought it ought, of right, to belong to the corpus of the trust estate, and thereupon refused to award it to the life-tenant. If we are to follow our own decisions as found in Earp’s Ap., 4 Ca. 368; The Pennsylvania Co. v. Dovey, 14 P. F. S. 260; Moss’s Ap., 2 Nor. 264, and Biddle’s Ap. [ante, 278], the opinion in which was delivered by Mr. Justice Merour, but a…

2Cases cited1 opinion

  1. Minot v. PaineMassachusetts Supreme Judicial Court · 1868

3Cited by8 opinions

  1. Estate of SmithSupreme Court of Pennsylvania · 1891
  2. Stokes' EstateSupreme Court of Pennsylvania · 1913
  3. Nirdlinger's Estate (No. 1)Supreme Court of Pennsylvania · 1937
  4. Estate of OliverSupreme Court of Pennsylvania · 1890
  5. Thomson's EstateSupreme Court of Pennsylvania · 1893

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