Denniston v. Pierce
Supreme Court of Pennsylvania
Appeal, No. 44, Oct. T., 1917, by plaintiffs, from judgment of O. P. Allegheny Co., April T., 1915, No. 2235, for defendants, in case of Thomas Denniston, W. L. Denniston, Helen M. Dennis-ton and Junius D. Houston v. William T. Pierce, Joseph Audley Pierce and Andrew Craig Pierce. Ejectment for an undivided interest in real estate.
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Appeal, No. 44, Oct. T., 1917, by plaintiffs, from judgment of O. P. Allegheny Co., April T., 1915, No. 2235, for defendants, in case of Thomas Denniston, W. L. Denniston, Helen M. Dennis-ton and Junius D. Houston v. William T. Pierce, Joseph Audley Pierce and Andrew Craig Pierce. Ejectment for an undivided interest in real estate. Before Shaper, P. J. • From the record it appeared that Joseph Pierce, of McKeesport, Pa., died testate on November 3,1903. His last will provided, inter alia: “Fifth. — All the rest and residue of my estate, real, personal and mixed, I give, devise and bequeath to…
1Opinion of the Court
Opinion by
Me. Justice Walling,
This is an action of ejectment to recover possession of a one-third undivided interest in the National Hotel property at McKeesport. The case turns on the construction of the will of the late Joseph Pierce of that city. In our opinion the will creates an enforcible active trust, at least during the life of the widow; as to that the language of the will could not well be more explicit. A man by avüI can lawfully provide a life annuity for his widow secured by a trust, and is not prevented from so doing because the annuity may be a charge upon land embraced in the…
2Cases cited4 opinions
- Ashhurst v. GivenSupreme Court of Pennsylvania · 1843
- Hahn v. HutchinsonSupreme Court of Pennsylvania · 1893
- Huber's AppealSupreme Court of Pennsylvania · 1876
- Wanner v. SnyderSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Fisher v. EvattUnited States Board of Tax Appeals · 1943