Gilbert's Estate
Supreme Court of Pennsylvania
Appeal, No. 206, Jan. T., 1910, by Laura A. Davis, from decree of O. C. Phila. Co., Jan. Term, 1887, No. 378, dismissing petition of Laura A.. Davis for revocation of the appointment of the Commonwealth Title Insurance Company as Trustee, in the Estate of Josiah Gilbert, deceased. Petition for revocation of an appointment as trustee. Before Penrose, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was in dismissing the petition.
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Appeal, No. 206, Jan. T., 1910, by Laura A. Davis, from decree of O. C. Phila. Co., Jan. Term, 1887, No. 378, dismissing petition of Laura A.. Davis for revocation of the appointment of the Commonwealth Title Insurance Company as Trustee, in the Estate of Josiah Gilbert, deceased. Petition for revocation of an appointment as trustee. Before Penrose, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was in dismissing the petition. The question whether the testator has created a separate use trust estate is always one of intention, but the burden is upon those claiming…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question presented by this appeal, is whether a devise of all the residue of an estate to three daughters, “to their and each of their heirs, executors and assigns, to be for their and each of their support and maintenance, notwithstanding any coverture, and not to be in any manner liable for the contracts, debts or engagements, or subject to control of any of their said husbands,” creates a separate use trust for one of the daughters, who is at the time of the execution of the will, in contemplation of marriage., In the opinion of the orphans’ court, the…
2Cases cited11 opinions
- Thomas v. FolwellSupreme Court of Pennsylvania · 1836
- Winthrop Co. v. ClintonSupreme Court of Pennsylvania · 1900
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
- Hays v. LeonardSupreme Court of Pennsylvania · 1893
- Heck v. ClippengerSupreme Court of Pennsylvania · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Anton v. SecristSuperior Court of Pennsylvania · 1913