Legal Opinion

Ewalt v. Davenhill

Supreme Court of Pennsylvania

Decided April 16, 1917No. Appeal, No. 330PublishedCited by 23 opinions

Appeal, No. 330, Jan. T., 1916, by plaintiff, from decree of C. P. No. 2, Philadelphia Co., June T., 1916, No. 3988, dismissing bill in equity for partition, in case of Henry C. Ewalt v. Catharine M. Davenhill, Frank Ellery and Amelia Ellery, his wife, in the right of said wife; Charles F. F. Battanchon, Pietro Constintini and Amey Constintini, his wife, in the right of said wife; Henry T. Stoddart, Trustee under deed of Amelia Ellery et al. and Edward Hopkinson and The…

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Appeal, No. 330, Jan. T., 1916, by plaintiff, from decree of C. P. No. 2, Philadelphia Co., June T., 1916, No. 3988, dismissing bill in equity for partition, in case of Henry C. Ewalt v. Catharine M. Davenhill, Frank Ellery and Amelia Ellery, his wife, in the right of said wife; Charles F. F. Battanchon, Pietro Constintini and Amey Constintini, his wife, in the right of said wife; Henry T. Stoddart, Trustee under deed of Amelia Ellery et al. and Edward Hopkinson and The Fidelity Trust Company, Substituted Trustees under the wills of James Swaim and William Swaim, Jr. Bill in equity for…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This case involves the question as to whether certain real estate situate on the southeast corner of Seventh and Chestnut streets, Philadelphia, is now so held in trust as to prevent its partition. This land was formerly owned by William Swaim, Sr., who died in 1846; and by his last will devised the property in trust for his son James for life and then in trust for the latter’s children and their heirs, giving James power, however, to revoke by will all trusts and interests expressed by the testator and to direct or to appoint such new or other trusts with…

2Cases cited8 opinions

  1. George Johnston's EstateSupreme Court of Pennsylvania · 1898
  2. Whitman's EstateSupreme Court of Pennsylvania · 1915
  3. Winthrop Co. v. ClintonSupreme Court of Pennsylvania · 1900
  4. Shower's EstateSupreme Court of Pennsylvania · 1905
  5. Ashhurst's AppealSupreme Court of Pennsylvania · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Feeney's EstateSupreme Court of Pennsylvania · 1928
  2. Quigley's EstateSupreme Court of Pennsylvania · 1938
  3. Brown's EstateSupreme Court of Pennsylvania · 1927
  4. Ledwith v. HurstSupreme Court of Pennsylvania · 1925
  5. Jones's Trust EstateSupreme Court of Pennsylvania · 1925

18 more not listed; retrieve them via the Exa API.

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