Schultz's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Montgomery county: Of January Term 1876, No. 82. In the distribution of estate of Frederick Schultz, deceased. The decedent died on the 13th of September 1872, having made his will, dated September 6th 1872. He appointed Jonathan Krause the executor. A caveat was entered to the probate of the will, because it was procured by duress — undue influence and fraud — and for want of capacity in the testator.
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Appeal from the Orphans’ Court of Montgomery county: Of January Term 1876, No. 82. In the distribution of estate of Frederick Schultz, deceased. The decedent died on the 13th of September 1872, having made his will, dated September 6th 1872. He appointed Jonathan Krause the executor. A caveat was entered to the probate of the will, because it was procured by duress — undue influence and fraud — and for want of capacity in the testator. A feigned issue was framed, on the trial of which the will was established. After directing the payment of his debts, &c., the only other provision was: “ As…
1Opinion of the CourtJustice Sharswood
The very able and exhaustive opinions, as well of the auditor as of the learned court below, have relieved us from an examination of the English decisions upon the Mortmain Act of that country. They undoubtedly throw a clear and strong light upon the question presented upon this record. They establish two positions: 1. That if an absolute estate is devised, but upon a secret trust assented to by the devisee, either expressly or impliedly, by knowledge and silence before the death of the testator, a court of equity will fasten a trust on him on the ground of fraud, and consequently the Statute…
2Cases cited1 opinion
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
3Cited by9 opinions
- Bickley's EstateSupreme Court of Pennsylvania · 1921
- Flood v. RyanSupreme Court of Pennsylvania · 1908
- O'Connor v. O'ConnorSupreme Court of Pennsylvania · 1927
- Stirk's EstateSupreme Court of Pennsylvania · 1911
- Hodnett's EstateSupreme Court of Pennsylvania · 1893
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