Brown's Appeal
Supreme Court of Pennsylvania
From the Orphans’ Court of Monroe. March 20; reargued Dec. 18. Philip Shrawder, a resident of Northampton county, by his -will, which was proved in 1820, appointed Gr. Yeisley, M. Brown, and P. Yeisley, his executors, and then continued: “And I do also appoint them the said Gr. Yeisley, M. Brown, and P. Yeisley, in conjunction with my esteemed friend Daniel Stroud, to be trustees of such estates as I shall vest in them, on trust for such uses as I shall hereafter direct.”
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From the Orphans’ Court of Monroe. March 20; reargued Dec. 18. Philip Shrawder, a resident of Northampton county, by his -will, which was proved in 1820, appointed Gr. Yeisley, M. Brown, and P. Yeisley, his executors, and then continued: “And I do also appoint them the said Gr. Yeisley, M. Brown, and P. Yeisley, in conjunction with my esteemed friend Daniel Stroud, to be trustees of such estates as I shall vest in them, on trust for such uses as I shall hereafter direct.” He then devised the residue of his real estate to them by name, and to the survivors of them, and the executors and…
1Opinion of the Court
Feb. 11.
Coulter, J.
The testamentary trust in this case is given in the will to the executors nominatim, and in conjunction with another individual not an executor. It is therefore not a trust confided to executors virtute officii; and presents a fair and full occasion to test the jurisdiction of the Orphans’ Court over testamentary trusts given nominatim. There had been a settlement of the account of the trustees of the real estate before the register of Monroe county, by Michael Brown, testamentary trustee, in 1840; the trustees having conveyed the trust estate before that time, in pursuance…
2Cases cited5 opinions
- Wimmer's AppealSupreme Court of Pennsylvania · 1836
- Fretz's AppealSupreme Court of Pennsylvania · 1842
- Innes's EstateSupreme Court of Pennsylvania · 1839
- Ebert & Barnitz's AppealSupreme Court of Pennsylvania · 1840
- Case of BairdSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
- Dewald v. BerkheiserSuperior Court of Pennsylvania · 1902
- Kimberly's EstateSupreme Court of Pennsylvania · 1915