Morris v. Wallace
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Tioga county. July 6. Wallace as « legal representative” of Henrietta, wife of S. Clement, and others, together with the said Henrietta and her husband, the other cestui que trusts, filed a petition in the Common Pleas, praying a citation to appellant, trustee of the widow of W. Patton, to settle his account, exhibiting the true condition of the estate and the manner it was disposed of.
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Appeal from the Court of Common Pleas of Tioga county. July 6. Wallace as « legal representative” of Henrietta, wife of S. Clement, and others, together with the said Henrietta and her husband, the other cestui que trusts, filed a petition in the Common Pleas, praying a citation to appellant, trustee of the widow of W. Patton, to settle his account, exhibiting the true condition of the estate and the manner it was disposed of. The account having been filed, was referred to auditors. The question in the cause was, the allowance of a credit claimed for an investment in bank stock of the funds…
1Opinion of the CourtRogers, J.
In addition to the views of Judge Conyngham, which we adopt, we think the cause is against the appellant on another ground. The trustee, Mr. Morris, has thought proper to take the transfer of the stock, purchased with the funds of the cestui que trust, in his own name. The nature of the transaction, as he now represents it, nowhere appears on the books of the bank, nor is there any written memorandum; but the case rests on the intention of the trustee, deduced only from his acts and declarations at the time of the investment. Granting that Mr. Morris acted Iona fide, which I am not disposed…
2Cases cited1 opinion
- Myers v. EntrikenSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Yost's EstateSupreme Court of Pennsylvania · 1934
- Chancellor v. ChancellorSupreme Court of Alabama · 1912
- Wheeler v. County of WayneIllinois Supreme Court · 1890
- Hennies v. KeithlyMissouri Court of Appeals · 1923
- Carr's EstateSuperior Court of Pennsylvania · 1904
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