Wilson v. Pennock
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an amicable action between Isaac M. Pennock, trustee of J. G. Woods et ux., plaintiff, aüd George Wilson, defendant, as follows:— “ And now, November 1st, 1856, it is hereby agreed by and between the parties to the above writ, that the following case be stated for the opinion of the court, in the nature of a special verdict.
Read the full summary
Error to the District Court of Allegheny county. This was an amicable action between Isaac M. Pennock, trustee of J. G. Woods et ux., plaintiff, aüd George Wilson, defendant, as follows:— “ And now, November 1st, 1856, it is hereby agreed by and between the parties to the above writ, that the following case be stated for the opinion of the court, in the nature of a special verdict. “ Isaac M. Pennock, the plaintiff above named, by proceedings in the Court of Common Pleas of Allegheny county, on the 9th day of February, 1856, was duly appointed trustee i.n the place and stead of Hugh D. King,…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, O. J.
It may be conceded that discretionary powers will not devolve upon the heir or personal representatives of the original trustee, Hill on Trustees 488, 16 Ves. 44; that on the death of one of several trustees they will not devolve on the survivor: 16 Ves. 45, 1 R. & Ald. 608; that they will not pass by assignment: 2 Ves. 643; 2 Sim. 264; 2 Harris 200; *240or by will: 16 Ves. 22; 13 Sim. 91; and that they will not pass to a trustee appointed by a court of equity: Amb. 309. The question before us is very different from either of these. It is…
2Cases cited1 opinion
- Lessee of Jackson v. BurnsSupreme Court of Pennsylvania · 1810
3Cited by3 opinions
- Detre's EstateSupreme Court of Pennsylvania · 1922
- Corn Exchange National Bank & Trust Co. v. JonesSuperior Court of Pennsylvania · 1933
- Bell's EstateSuperior Court of Pennsylvania · 1910