Legal Opinion

Shirk's Estate

Supreme Court of Pennsylvania

Decided June 27, 1913No. Appeal, No. 52PublishedCited by 6 opinions

Appeal, No. 52, Jan. T., 1913, by Franklin G. Shirk, Trustee, &c., from decree of O. O. Lancaster Co., Jan. T., 1907, No. 30, dismissing rule to declare trust at an end in Estate of Jacob S. Shirk, deceased. Buie to declare trust at an end. Before Smith, P. J. The opinion of the Supreme Court states the facts. The court discharged the rule. Petitioner appealed. Error assigned was in discharging the rule.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

This appeal is from an order discharging a rule to show cause why a trust should not be terminated. The appellant, Franklin G. Shirk, is the sole survivor of the beneficiaries specifically named in the will of his father, Jacob S. Shirk, deceased, his brothers and sisters all having died without issue prior to the decease of his mother, Eliza Shirk, who died May 21, 1910. The trust *97in question arises under this will; the parts essential to an understanding of the present case being as follows: “Item, I give, bequeath and devise all my estate and property of…

2Cases cited3 opinions

  1. Spring's EstateSupreme Court of Pennsylvania · 1907
  2. Ehrisman v. SenerSupreme Court of Pennsylvania · 1894
  3. Gibbons v. GibbonsSupreme Court of Pennsylvania · 1912

3Cited by6 opinions

  1. Stafford's EstateSupreme Court of Pennsylvania · 1917
  2. Harrar's EstateSupreme Court of Pennsylvania · 1914
  3. King v. York Trust Co.Supreme Court of Pennsylvania · 1923
  4. Thorp v. CommissionerUnited States Tax Court · 1946
  5. Thorp v. CommissionerUnited States Tax Court · 1946

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