Anton v. Secrist
Superior Court of Pennsylvania
Appeal, No. 122, April T., 1913, by defendant, from decree of C. P. Allegheny Co., First Term, 1912, No. 170, on bill in equity in case of George Anton v. William B. Secrist. Bill in equity for an injunction.
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Appeal, No. 122, April T., 1913, by defendant, from decree of C. P. Allegheny Co., First Term, 1912, No. 170, on bill in equity in case of George Anton v. William B. Secrist. Bill in equity for an injunction. On a motion for a preliminary injunction Swearingen, P. J., filed the following opinion: This bill was filed by George Anton, who is the owner of certain land situated in the ninth ward, Pittsburg, Allegheny county, Pennsylvania, against William B. Secrist, in which the complainant prayed, inter alia, for an injunction to restrain the defendant from exposing it to sale. The sale was…
1Opinion of the Court
Per Curiam,
We cannot agree with appellant’s counsel in their first contention, that the fifth clause of the will of Elsie Stumbillig did not modify or limit the estate in fee which the words of the third clause import, and that notwithstanding *345the words of the fifth clause an absolute estate in fee free from any trust was vested in Annie Winter. Such words as were used in the fifth clause have always been held to create a sole and separate use trust, and there is nothing in the context, or in the extrinsic circumstances or conditions proved, which would warrant the conclusion that the…
2Cases cited6 opinions
- Kreamer v. FlemingSupreme Court of Pennsylvania · 1901
- Barrell v. AdamsSuperior Court of Pennsylvania · 1904
- Gay v. ChambersSuperior Court of Pennsylvania · 1908
- Sheaffer's EstateSupreme Court of Pennsylvania · 1911
- Holliday v. HivelySupreme Court of Pennsylvania · 1901
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