Appeal of Pepper
Supreme Court of Pennsylvania
APPEAL PROM THE DECREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. No. 319 January Term 1888, Sup. Ct.; court below, No. 73 January Term 1880, O. C. On November 11, 1887, tbe account of George S. Pepper, surviving trustee of the share of Charles Pepper, under the will of George Pepper, deceased, which account was filed May 26, 1887, was called for audit before Ashman, J., when the following facts appeared: George Pepper died on January 6, 1846, leaving several children,…
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APPEAL PROM THE DECREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. No. 319 January Term 1888, Sup. Ct.; court below, No. 73 January Term 1880, O. C. On November 11, 1887, tbe account of George S. Pepper, surviving trustee of the share of Charles Pepper, under the will of George Pepper, deceased, which account was filed May 26, 1887, was called for audit before Ashman, J., when the following facts appeared: George Pepper died on January 6, 1846, leaving several children, and among them a son named Charles Pepper. His will, admitted to probate on January 12, 1846, directed the partition and…
1Opinion of the Court
Ashman, J.,
delivered the following opinion.
The question in this case does not turn upon whether the power was exclusive, perhaps a better word would be selective, or whether it was non-exclusive; because, under it, the appointment has been to one object, and whether the donee intended it or not, an absolute interest has vested in that object and the power has thereby determined. The opinion, to which this is in the shape of a reply, treats the power as exclusive, and covering, as the classes from which the selection may be made, not only the children of the donee, but their issue in a lineal…
2Cases cited18 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Sheets' EstateSupreme Court of Pennsylvania · 1866
- McClure's AppealSupreme Court of Pennsylvania · 1873
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- Taylor v. TaylorSupreme Court of Pennsylvania · 1870
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3Cited by22 opinions
- Wilbur's EstateSupreme Court of Pennsylvania · 1938
- Huddy's EstateSupreme Court of Pennsylvania · 1912
- Johnson's EstateSupreme Court of Pennsylvania · 1923
- Hays's EstateSupreme Court of Pennsylvania · 1926
- Rogers' EstateSuperior Court of Pennsylvania · 1906
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