Legal Opinion

Bowen Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided May 6, 1955No. 79Published

1Opinion of the Court

Shoyer, J.,

Is the orphans’ court warranted in the exercise of its equity powers in terminating a nonspendthrift testamentary trust where the possibility of additional issue is minimal?1

*402The corpus consists of one small residential property appraised at $1,500-$1,800, with a gross annual income of $172, yielding but $60 net after payment of carrying charges and necessary repairs.

Since the death of the testamentary trustee in 1918, no successor trustee has been appointed or requested, management of the trust having been left in the hands of the local real estate agent, by mutual consent of the…

2Cases cited19 opinions

  1. Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
  2. Disston's EstateSupreme Court of Pennsylvania · 1917
  3. Sterrett's EstateSupreme Court of Pennsylvania · 1930
  4. Nirdlinger's Estate (No. 2)Supreme Court of Pennsylvania · 1937
  5. Bowers' Trust EstateSupreme Court of Pennsylvania · 1942

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