Smith's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1878, No. 258. This was the appeal of Philip L., Edwin and James M. Smith, from the decree of the court, dismissing the exceptions of the appellants and confirming the report of the auditor appointed to make distribution in the matter of the account of Robert L. Reilly, substituted trustee under the will of Lewis Ryan, deceased.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1878, No. 258. This was the appeal of Philip L., Edwin and James M. Smith, from the decree of the court, dismissing the exceptions of the appellants and confirming the report of the auditor appointed to make distribution in the matter of the account of Robert L. Reilly, substituted trustee under the will of Lewis Ryan, deceased. The facts and proceedings in the court below will be found in the report of the preceding case of Castner’s Appeal, ante, 478. Various questions as to the mode of distribution were raised before…
1Opinion of the CourtJustice Paxhon
The important question to be decided upon this appeal is, whether *494the execution by Mrs. Mary Y. J. Smith, of the power of appointment given to her by the will of her father, Lewis Ryan, is transgressive of the rule against perpetuities, and therefore void.
Lewis Ryan died on the 23d of June 1850. By his will, executed on the 2d day of February 1848, he devised the residue of his estate to trustees, who were directed to divide and pay one-fourth of the income for life to each of his three living daughters, for their sole and separate use, “and from and immediately after the death of either of…
2Cases cited1 opinion
- Davenport v. HarrisSupreme Court of Pennsylvania · 1855
3Cited by13 opinions
- Estate of LawrencePennsylvania Orphans' Court, Philadelphia County · 1890
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- Whitman's EstateSupreme Court of Pennsylvania · 1915
- Dodge v. Detroit Trust Co.Michigan Supreme Court · 1942
- Legg's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1940
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