Legal Opinion · Dissent

Estate of Freeman

Supreme Court of Pennsylvania

Decided May 27, 1897No. Appeal, No. 559Published

Appeal, No. 559, Jan. T., 1896, by S. Augusta Freeman et al., from decree of O. C. Phila. Co., Jan. T., 1881, No. 228, directing trustee to execute a lease. Petition under the Price act to lease real estate.

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Appeal, No. 559, Jan. T., 1896, by S. Augusta Freeman et al., from decree of O. C. Phila. Co., Jan. T., 1881, No. 228, directing trustee to execute a lease. Petition under the Price act to lease real estate. From the record it'appeared that Henry G. Freeman, who was an attorney at law, left a will by which he devised nnto the Girard Life Insurance Annuity & Trust Company of Philadelphia, certain real estate at the southeast corner of Broad and Chestnut streets in the city of Philadelphia, to have and to hold the same upon certain trusts, viz : In trust to make sales of all or any part of his…

1Dissent

Dissenting Opinion oe

Me. Chief Justice Steeeett :

In the absence of any authority in the will itself or in the act of 1853 in connection therewith, the orphans’ court had no jurisdiction to make the decree authorizing the trustee to execute a fifty year lease of the premises in question. The jurisdiction conferred by the act “ to decree the sale, mortgaging, leasing or conveyance upon ground rent ” of real estate, is subject to the following express limitations, inter alia, viz : that it “ may be done without injury or prejudice to any trust, charity or purpose for which it may be held : ”…

2Cases cited13 opinions

  1. Palairet's AppealSupreme Court of Pennsylvania · 1871
  2. Hegarty's AppealSupreme Court of Pennsylvania · 1874
  3. Ervine's AppealSupreme Court of Pennsylvania · 1851
  4. Cogswell v. CogswellNew York Court of Chancery · 1834
  5. Burton's AppealSupreme Court of Pennsylvania · 1868

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