Mosebach's Estate
Superior Court of Pennsylvania
Appeal, No. 166, October T., 1919, by John Mosebach, from decree of O. C. Philadelphia Co., July T., 1905, No. 151, dismissing exceptions to adjudication in estate of John Mosebach, deceased.
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Appeal, No. 166, October T., 1919, by John Mosebach, from decree of O. C. Philadelphia Co., July T., 1905, No. 151, dismissing exceptions to adjudication in estate of John Mosebach, deceased. Henderson, J., filed the following opinion dismissing the exceptions: John Mosebach died in 1901, leaving a widow and five children, of whom his son, John, then thirteen years of age, was one; three of these were children by a former wife (including John) and two were by his second wife, his widow. [By his will the testator gave one-third of his estate to his widow, and all the rest, residue and…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The decree of the orphans’ court might well be affirmed for the reasons given in the opinion overruling the exceptions filed to the adjudication. While it is a well established rule but rarely departed from, that “it is the duty of a trustee to study for itself the conditions calling for the expenditures of the money and to acquaint itself with the situation of the cestui que trust, so as to be able to exercise a sound discretion in the matter of disbursements; the confidence reposed was in the judgment and discretion of the trustees and not in that of an unnamed…
2Cases cited2 opinions
- Partridge's EstateSupreme Court of Pennsylvania · 1913
- Pleasonton's EstateSupreme Court of Pennsylvania · 1911
3Cited by1 opinion
- Elliott EstateSupreme Court of Pennsylvania · 1957