Legal Opinion

Bruntrager's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided March 29, 1923No. 439Published

1Opinion of the Court

Gest, J.,

We are of opinion that the direction in the will to pay, from the income of the residuary estate, the dues upon the testator’s building and loan association stock constitutes an accumulation of income which is forbidden by the Act of April 18,1853, § 9, P. L. 503, 507,4 Purd. 4036. Assuming that the dues are debts of the testator, an accumulation of income could not lawfully be directed for their payment, our statute differing in this respect from the Thellusson Act in England: Lutz’s Estate, 18 Phila. 114; 20 Phila. 89. These payments from income obviously enhance the principal, and…

2Cases cited6 opinions

  1. Disston's EstateSupreme Court of Pennsylvania · 1917
  2. Harrar's EstateSupreme Court of Pennsylvania · 1914
  3. Eberly's AppealSupreme Court of Pennsylvania · 1885
  4. Wyllner's EstateSuperior Court of Pennsylvania · 1917
  5. Forney's EstateSupreme Court of Pennsylvania · 1894

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