Legal Opinion

Ashhurst's Appeal

Supreme Court of Pennsylvania

Decided May 10, 1875No. 3PublishedCited by 15 opinions

Appeal from tbe Court of Common Pleas of Philadelphia: Of January Term 1875, No. 3. In Equity. The bill in this case was filed April 1874, by Virginia Kennard, widow of Manning Kennard, deceased, formerly Virginia Eyre, against John Ashhurst, who, with Charles Massey, Jr., was trustee, &c.

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Appeal from tbe Court of Common Pleas of Philadelphia: Of January Term 1875, No. 3. In Equity. The bill in this case was filed April 1874, by Virginia Kennard, widow of Manning Kennard, deceased, formerly Virginia Eyre, against John Ashhurst, who, with Charles Massey, Jr., was trustee, &c. The bill set out that on the 23d of June 1846, the plaintiff, then unmarried, conveyed all her property, real and personal, to the above-named Ashhurst and Massey, and the survivor, in fee, “ In trust * * * to let or demise the real estate hereby granted and conveyed, and to invest and keep invested the…

1Opinion of the CourtJustice Siiarswood

The opinion of this court in Earp’s Appeal, 25 P. F. Smith 119, although it had been filed, was not published at the time the decree in this case was made below, otherwise the learned court would certainly have come to a different conclusion upon the question raised upon the bill and answer. The trusts of the will of Robert Earp were in all material particulars identical with those set out in the deed of trust in this case. There, as here, the trust *467was to collect and pay over the rents and income of the estate to the beneficiaries for life, with an ultimate disposition of the corpus or…

2Cited by15 opinions

  1. Bowers' Trust EstateSupreme Court of Pennsylvania · 1942
  2. Harrison's EstateSupreme Court of Pennsylvania · 1936
  3. Ewalt v. DavenhillSupreme Court of Pennsylvania · 1917
  4. Ghormley v. SmithSupreme Court of Pennsylvania · 1891
  5. Watterson v. EdgerlyCourt of Special Appeals of Maryland · 1978

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