Price's Estate
Supreme Court of Pennsylvania
Appeal, No. 64, Jan. T., 1904, by plaintiff, from decree of O. C. Phila. Co., Jan. T., 1896, No. 473, dismissing petition for removal of trustees in estate of Thomas W. Price, deceased. Petition for removal of trustee. From the record it appeared that the petition was filed by Mary Kemper, a daughter of testator, and by Austin W. Bennett, guardian of Jesse C. Clagett, a grandson of testator, and a son of Mary Kemper.
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Appeal, No. 64, Jan. T., 1904, by plaintiff, from decree of O. C. Phila. Co., Jan. T., 1896, No. 473, dismissing petition for removal of trustees in estate of Thomas W. Price, deceased. Petition for removal of trustee. From the record it appeared that the petition was filed by Mary Kemper, a daughter of testator, and by Austin W. Bennett, guardian of Jesse C. Clagett, a grandson of testator, and a son of Mary Kemper. The petition set forth various proceedings in the orphans’ court wherein the petitioners sought to surcharge the trustees in their third and fourth accounts, and to open the…
1Opinion of the Court
Per Curiam,
Mere differences of opinion or judgment between trustee and cestui que'trust are not enough to justify the removal of the former. To deprive the beneficiary of unrestrained control over his estate was the very object of the creation of the trust. The fundamental purpose of the creator of the trust was to protect his beneficiary from some anticipated danger, from creditors, from risks of business, from his or her own improvidence, or other like cause, or to protect ultimate beneficiaries from waste or spoliation of the estate by the immediate one. For this reason he substituted the…
2Cases cited2 opinions
- Neafie's EstateSupreme Court of Pennsylvania · 1901
- Stevenson's AppealSupreme Court of Pennsylvania · 1871
3Cited by14 opinions
- Fraiman EstateSupreme Court of Pennsylvania · 1962
- Franz v. BuderCourt of Appeals for the Eighth Circuit · 1929
- Hodgson's EstateSupreme Court of Pennsylvania · 1941
- Corr EstateSupreme Court of Pennsylvania · 1948
- DiMarco EstateSupreme Court of Pennsylvania · 1969
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