Cornman's Estate
Supreme Court of Pennsylvania
Appeal, No. 331, Jan. T., 1899, by-Annie Y. Cornman, from decree of O. C. Cumberland Co., dismissing exceptions to report of auditor in the estate of Theodore Cornman, deceased. Exceptions to report of J. M. Weakley, Esq., auditor. From the auditor’s report it appeared that on April 1, 1880, the administratrix and heirs at law of William Railing conveyed to Theodore Cornman a tract of land in Middlesex township containing 130 acres and 80 perches.
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Appeal, No. 331, Jan. T., 1899, by-Annie Y. Cornman, from decree of O. C. Cumberland Co., dismissing exceptions to report of auditor in the estate of Theodore Cornman, deceased. Exceptions to report of J. M. Weakley, Esq., auditor. From the auditor’s report it appeared that on April 1, 1880, the administratrix and heirs at law of William Railing conveyed to Theodore Cornman a tract of land in Middlesex township containing 130 acres and 80 perches. After Mr. Cornman’s death the land was sold, and his widow, the appellant, claimed the proceeds on the ground that she had a resulting trust in the…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
The claim of Mrs. Cornman, that the Middlesex farm had been purchased for her by her husband, and that there was a trust resulting in her favor from her payment of the purchase money, was not supported by the kind of evidence required. In Olinger v. Shultz, 183 Pa. 469, the present chief justice, citing many cases, says: “ The rule of law in this class of cases, as established by numerous decisions of this court, is without any doubt or question. The evidence in support of the trust must be clear, precise, convincing and satisfactory. It is not enough that it…
2Cases cited2 opinions
- Olinger v. ShultzSupreme Court of Pennsylvania · 1898
- Estate of HauerSupreme Court of Pennsylvania · 1891
3Cited by8 opinions
- Spruance v. Equitable Trust Co.Court of Chancery of Delaware · 1918
- Byers v. FernerSupreme Court of Pennsylvania · 1907
- King v. KingSupreme Court of Pennsylvania · 1924
- Bisceglia v. BiscegliaSupreme Court of Pennsylvania · 1940
- Majors v. MajorsSuperior Court of Pennsylvania · 1943
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