Sill's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of tbe Orphans’ Court of Philadelphia. Ann Dunkin died in 1832, leaving a will, by which, after appointing William Davidson and his son executors and trustees, she gave, devised and bequeathed to her “ said executors, and the survivor of them, and to the heirs, executors and administrators of such survivor, all my estate, real, personal and mixed, in trust, after payment of my debts and funeral expenses, to receive and take all the rents and profits,…
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Appeal from the decree of tbe Orphans’ Court of Philadelphia. Ann Dunkin died in 1832, leaving a will, by which, after appointing William Davidson and his son executors and trustees, she gave, devised and bequeathed to her “ said executors, and the survivor of them, and to the heirs, executors and administrators of such survivor, all my estate, real, personal and mixed, in trust, after payment of my debts and funeral expenses, to receive and take all the rents and profits, dividends and income of every kind, which shall from time to time become. due, and payable out of and upon the same, or…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
— The testatrix gives all the real and personal estate *237to her executors in trust, and of course she did not die intestate as to any part of it, and the word estate dispenses with the necessity of words of inheritance even without our Statute of Wills.
The trust is to pay the rents- and profits to certain persons; and,- since a gift of the rents and profits of a thing is equivalent to a gift of the thing itself, the executors hold the property itself for the' beneficiaries, who are thus vested with the equitable title to it.
The rents and…
2Cited by1 opinion
- Hommel v. LewisSupreme Court of Pennsylvania · 1883