Trough's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia: In the estate of Henry R. Trough, deceased: No. 204, to January Term 1872. The appeal in this ease was taken by N. & G. Taylor & Co., creditors of the decedent, from'the decree of the Orphans’ Court distributing the balance of his estate in the hands of William H. West, his administrator, the only question being as to the appropriation of the proceeds of an insurance on the life of the decedent.
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Appeal from the Orphans’ Court of Philadelphia: In the estate of Henry R. Trough, deceased: No. 204, to January Term 1872. The appeal in this ease was taken by N. & G. Taylor & Co., creditors of the decedent, from'the decree of the Orphans’ Court distributing the balance of his estate in the hands of William H. West, his administrator, the only question being as to the appropriation of the proceeds of an insurance on the life of the decedent. He died August 1st 1868, leaving a widow and five children, three of whom were by a former marriage. The distribution was referred to Daniel Dougherty,…
1Opinion of the Court
The opinion of the court was delivered, February 2d 1874, by
Mercur, J.
The correctness of the decree made by the court below depends upon the solution of two questions. They are:
I. Was there a gift executed? If not,
2. Was a valid trust created ?
To constitute a gift, it must have been consummated by delivery. It cannot be made by words in futuro, or by words in prcesenti unaccompanied by such a delivery of the possession as makes the *118disposal of the thing irrevocable: In re Campbell’s Estate, 7 Barr 100 ; Withers v. Weaver, 10 Barr 391; Kidder v. Kidder et al., 9 Casey 268 ; Linsenbigler v.…
2Cited by7 opinions
- Rynier EstateSupreme Court of Pennsylvania · 1943
- Isett v. MaclaySupreme Court of Pennsylvania · 1919
- Stewart's EstateSupreme Court of Pennsylvania · 1932
- Myers v. EckersonSupreme Court of Pennsylvania · 1927
- Estate of Maria H. HuberSuperior Court of Pennsylvania · 1930
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