Gibbons v. Gibbons
Supreme Court of Pennsylvania
Appeal, No. 210, Jan. T., 1911, by plaintiffs from decree of C. P. No. 1, Pbila. Co., March T., 1910, No. 1018, dismissing bill in equity in case of Michael J. Gibbons and Olive E. Gibbons, to the use of Sebastian A. Rudolph et al. v. Charles J. Gibbons et al. Bill in equity for partition. Before Kinsey, J. The facts are stated in the opinion of the Supreme Court and in Gibbons v. Connor, 220 Pa. 395. * Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In Gibbons v. Connor, 220 Pa. 395, this court held that a valid active trust was created by the will of Michael Gibbons, deceased, and that the intention of the testator to thus protect his estate for the benefit of his children should prevail. The opinion in that case written by the present Chief Justice made no reference to grandchildren for the very good reason that the rights of children alone were involved in that controversy. The court simply passed upon the question then before it and nothing more. It is now earnestly contended that what was there said as to…
2Cases cited1 opinion
- Gibbons v. ConnorSupreme Court of Pennsylvania · 1908
3Cited by7 opinions
- Stafford's EstateSupreme Court of Pennsylvania · 1917
- Gibbons's EstateSupreme Court of Pennsylvania · 1935
- Shirk's EstateSupreme Court of Pennsylvania · 1913
- Gibbons' EstateSupreme Court of Pennsylvania · 1938
- Shaw's EstateSupreme Court of Pennsylvania · 1940
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