Flood v. Ryan
Supreme Court of Pennsylvania
Appeal, No. 361, Jan. T., 1907, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1905, No. 3,644, on verdict for defendant in case of Ann Flood v. Most Rev. P. J. Ryan, Archbishop of Philadelphia. Ejectment for land in the city of Philadelphia. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 361, Jan. T., 1907, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1905, No. 3,644, on verdict for defendant in case of Ann Flood v. Most Rev. P. J. Ryan, Archbishop of Philadelphia. Ejectment for land in the city of Philadelphia. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed. Errors assigned were in giving binding instructions for defendant.
1DissentJustice Mestrezat
The conclusion'of the majority of the court has been reached by regarding this controversy as a contest between a cestui que trust and the trustee. If this was a bill in equity in which the church and the charity named in the testator’s will were seeking to compel Archbishop Ryan to execute the trust and convey to them the estate devised to him, we would have another and altogether different question for adjudication. Even then, the archbishop would be a trustee ex maleficio if he accepted title to the property with an understanding that *461he held it for the church and charity named in the…
2Cases cited6 opinions
- Price v. MaxwellSupreme Court of Pennsylvania · 1857
- O'Donnell's EstateSupreme Court of Pennsylvania · 1904
- Schultz's AppealSupreme Court of Pennsylvania · 1876
- Corr's EstateSupreme Court of Pennsylvania · 1902
- Hodnett's EstateSupreme Court of Pennsylvania · 1893
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