Beck's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Henry Paul Beck, from the decree of the Orphans’ Court of Philadelphia, in the matter of the estate of Charles Frederick Beck, deceased.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Henry Paul Beck, from the decree of the Orphans’ Court of Philadelphia, in the matter of the estate of Charles Frederick Beck, deceased. The proceeding was commenced by a petition, presented by Mrs. Sarah Bose Grier Beck, widow of deceased, setting forth the death of Dr. Beck, the registry and probate of his will, the appointment of Aubrey H. Smith, Thomas Balch, and Henry Paul Beck,- with the petitioner, as the executors and trustees thereof, the assumption of these offices by the said parties, the widowhood of the…
1Opinion of the Court
The opinion of the court was delivered, February 25th 1864, by
Read, J.
Pennock’s Estate, 8 Harris 268, which overruled Coates’s Appeal, 2 Barr 129, and McKonkey’s Appeal, 1 Harris 253, established these propositions: 1st. That words in a will, expressive of desire, recommendation, and confidence, are not words of technical but common parlance, and are not primd facie sufficient to convert a devise or bequest into a trust; and the old Roman and English rule on this subject is not part of the common law of Pennsylvania. 2d. Such words may amount to a declaration of trust, when it appears, from…
2Cited by6 opinions
- Boyle v. BoyleSupreme Court of Pennsylvania · 1893
- Raab's EstateSuperior Court of Pennsylvania · 1923
- Cooper v. Diamond, Pennsylvania Court of Common Pleas, Philadelphia County1954
- Boraysu v. Tiley, Pennsylvania Court of Common Pleas, Schuylkill County1928
- Carroll EstatePennsylvania Orphans' Court, Montgomery County · 1956
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