Legal Opinion

Lowry's Appeal

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 2 opinions

Appeal from the Orphans’Court of Philadelphia County: Of January Term, 1885, No 128. Appeal of Annie L. Lowry, trustee under the will of Mary Lane Davidson, deceased, for Richard A. Carden, Jr., from the decree of said court disallowing her credit claimed in her account for a mortgage-and two ground rent deeds, in which it was alleged by her and denied by Richard A. Carden, Jr., the appellee, that she had invested the trust funds under the will.

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Appeal from the Orphans’Court of Philadelphia County: Of January Term, 1885, No 128. Appeal of Annie L. Lowry, trustee under the will of Mary Lane Davidson, deceased, for Richard A. Carden, Jr., from the decree of said court disallowing her credit claimed in her account for a mortgage-and two ground rent deeds, in which it was alleged by her and denied by Richard A. Carden, Jr., the appellee, that she had invested the trust funds under the will. By the will of Mary Lane Davidson, who died on the thirteenth day of April, 1883, which was admitted to probate at Philadelphia on the twentj^-third…

1Opinion of the CourtJustice Trunkey

Oil May 22d, 1883, a mortgage for $5,000 was assigned to “Annie Louisa Lowry trustee for Richard Arthur Carden, Jr., under the last will and testament of Mary Lane Davidson and on the 24th of same month two ground rents were conveyed to her, each $150 per annum. For these securities the trustee paid $10,000. She executed a declaration of trust on July 7th, 1883, reciting that the ground rents were purchased with moneys bequeathed to her in trqst, and that they are held by her as trustee “ named in and appointed by the last will and testament of Mary Lane Davidson.”

On June 9th, 1883, Annie L.…

2Cited by2 opinions

  1. Kunkle's EstateSuperior Court of Pennsylvania · 1902
  2. Deaven's EstateSuperior Court of Pennsylvania · 1906

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