James's Estate
Supreme Court of Pennsylvania
Appeal, No. 287, Jan. T., 1913, by Anne N. Cooper, from decree of O. C. Philadelphia Co., Jan. T., 1891, No. 449, dismissing exceptions to adjudication in Estate of Amanda James, Deceased. Exceptions to adjudication. Before Gummey, J. The opinion of the Supreme Court states the facts. The exceptant contended that a trust created by the will of Amanda James, deceased, was invalid, as being in violation of the rule against perpetuities.
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Appeal, No. 287, Jan. T., 1913, by Anne N. Cooper, from decree of O. C. Philadelphia Co., Jan. T., 1891, No. 449, dismissing exceptions to adjudication in Estate of Amanda James, Deceased. Exceptions to adjudication. Before Gummey, J. The opinion of the Supreme Court states the facts. The exceptant contended that a trust created by the will of Amanda James, deceased, was invalid, as being in violation of the rule against perpetuities. The court dismissed the exceptions in an opinion filed by Dallett, P. J. Anne N. Cooper appealed. Error assigned was in dismissing the exceptions.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The question involved is, was error committed by the court below in holding that the testatrix’s disposition of the principal of her residuary estate did not infringe the rule against perpetuities?
Amanda James died December 22, 1889, leaving to survive her two daughters, Mary A. Conover and Anna N. James, and three granddaughters, Mary A. Jacoby, Anna M. Cooper, and Henrietta Cooper, children of a deceased child; the two daughters subsequently died without issue, and this left the three grandchildren, who likewise have no issue, as her only heirs and next of…
2Cases cited3 opinions
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- Rhodes' EstateSupreme Court of Pennsylvania · 1892
- Shalters v. LaddSupreme Court of Pennsylvania · 1894
3Cited by8 opinions
- Packer's EstateSupreme Court of Pennsylvania · 1914
- O'Leary v. BennettWashington Supreme Court · 1937
- Seymour Ruff & Sons, Inc. v. Bricklayers' International UnionCourt of Appeals of Maryland · 1933
- Disston's EstatePennsylvania Orphans' Court, Philadelphia County · 1942
- Hays Estate, Pennsylvania Court of Common Pleas, Philadelphia County1972
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