Mann v. Mullin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county: Of May Term 1877, No. 151. Ejectment by James Mann and others against David W. Mullin, trustee, for a farm of three hundred acres of land, situated partly in the borough and partly in the township of Bedford. Defendants pleaded not g'uilty, issue, &c.
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Error to the Court of Common Pleas of Bedford county: Of May Term 1877, No. 151. Ejectment by James Mann and others against David W. Mullin, trustee, for a farm of three hundred acres of land, situated partly in the borough and partly in the township of Bedford. Defendants pleaded not g'uilty, issue, &c. The questions involved were submitted to the court in a case stated substantially as follows :— “Hon. Job Mann died on the 8th day of October 1873, leaving his last will and testament in writing, dated at Washington City, July 1850 ; leaving surviving him a widow, Ruth E. Mann, and no issue,…
1Opinion of the CourtJustice Sharswood
The foundation upon which the doctrine of charitable uses rests in this state is firmly settled. While the statute of 43 Elizabeth is not in force, the principles which the English chancery has adopted on the subject obtain here, not by virtue of the statute, but as part of our common law. The fact is that those principles were recognised and applied in England before the statute, which only introduced a new remedy. Hence trusts for charities with us have always been upheld and enforced, no matter how uncertain were the objects, and though the effect evidently was to create a perpetuity.…
2Cited by5 opinions
- Dulles's EstateSupreme Court of Pennsylvania · 1907
- Mears's EstateSupreme Court of Pennsylvania · 1930
- Kimberly's EstateSupreme Court of Pennsylvania · 1915
- In re Falcone Estate, Pennsylvania Court of Common Pleas, Northampton County1983
- Scholler EstatePennsylvania Orphans' Court, Philadelphia County · 1959