McCune v. Baker
Supreme Court of Pennsylvania
Appeal, No. 180, Jan. T., 1892, by defendant, James Calvin Baker, trustee under will of David Baker, deceased, from judgment of C. P. Cumberland Co., in favor of E. J. McCune, executor of Amanda Baker, deceased, on case stated. Case stated to determine ownership of legacy under will of David R. Baker, deceased.
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Appeal, No. 180, Jan. T., 1892, by defendant, James Calvin Baker, trustee under will of David Baker, deceased, from judgment of C. P. Cumberland Co., in favor of E. J. McCune, executor of Amanda Baker, deceased, on case stated. Case stated to determine ownership of legacy under will of David R. Baker, deceased. From the case stated it appeared that David R. Baker died on March 15, 1883, leaving a will by which he made the following bequest: “ I give, devise and bequeath to my daughter, Amanda E. Baker, five hundred dollars, to be placed in the hands of James Calvin Baker, my son, for the use…
1Opinion of the Court
Per, Curiam,
We agree with the court below in the effect of the will of David R. Baker. He gave by apt words to his daughter the sum of five hundred dollars, adding these directions, “ to be placed in the hands of James Calvin Baker my son for the use of her during her lifetime, and to act as her trustee.” The contention of the appellant is that these words reduced her interest in the gift from an absolute to a life estate. But it is to be noticed that no separate use is created. No active duties are imposed upon the trustee. No gift over to take effect on her death is made. Without the words…
2Cited by9 opinions
- Lochrie's EstateSupreme Court of Pennsylvania · 1940
- Lowitz EstateSupreme Court of Pennsylvania · 1948
- Bowman's EstateSupreme Court of Pennsylvania · 1938
- Estate of FellSuperior Court of Pennsylvania · 1897
- Stille's EstateSuperior Court of Pennsylvania · 1918
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