Fowler v. Fidelity
Supreme Court of Pennsylvania
EROM THE DECREE OE THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY, IN EQUITY. No. 104 January Term 1889, Sup. Ct.; court below, No. 54 March Term 1888, C. P. No. 1 in Equity.
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EROM THE DECREE OE THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY, IN EQUITY. No. 104 January Term 1889, Sup. Ct.; court below, No. 54 March Term 1888, C. P. No. 1 in Equity. On March 21, 1888, A. H. Fowler and Marie W. Fowler, his wife, in right of said wife, filed a bill in equity against the Fidelity Insurance, Trust & Safe Deposit Co., in which the facts averred were in substance as follows: On January 25, 1886, Elihu B. Washburne executed the following declaration of trust: “Know all men by these presents, that I, Elihu B. Washburne, of Chicago, Illinois, in consideration of good…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
By the terms of this deed of trust the trustee is required to “ pay over the income and dividends on said bonds to Marie Washburne Fowler (appellant).....And should the said Marie Washburne Fowler die, the said trust herein declared shall enure to the benefit of her heirs; but if she have no children the same shall revert to my estate.” There was a further direction to add fifty dollars per year out of the income to the principal. It also appeared that since the execution of this paper the said Marie has given birth to a child, who is now living, and that the…
2Cases cited4 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Cote v. VonBonnhorstSupreme Court of Pennsylvania · 1862
- Crum v. BlissSupreme Court of Connecticut · 1880
- Draper v. President & Fellows of Harvard CollegeNew York Supreme Court · 1879
3Cited by6 opinions
- Equitable Trust Co. v. WardCourt of Chancery of Delaware · 1946
- Jackman v. Equitable Life Assur. Soc. of United StatesCourt of Appeals for the Third Circuit · 1944
- Mercer v. BuchananU.S. Circuit Court for the District of Western Pennsylvania · 1904
- Rice EstatePennsylvania Orphans' Court, Montgomery County · 1956
- Mayor Estate, Pennsylvania Court of Common Pleas, Montgomery County1970
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