Legal Opinion

Estate of Schwenk

Supreme Court of Pennsylvania

Decided July 16, 1984No. 794PublishedCited by 4 opinions

1Opinion of the Court

HOFFMAN, Judge:

The sole issue on appeal is whether the trustee’s fees at issue are to be paid out of the principal or the income of a trust created under the testatrix’s will. Because we find that the trustee’s fees were properly charged against the principal, we affirm the order of the court below.

On June 6, 1949, the testatrix, Ethel K. Schwenk, died leaving a will dated August 28, 1947. Testatrix bequeathed her residuary estate to the Girard Trust Company (now, Girard Bank), in trust, to pay the net income to her sister, Gertrude T. Kauffman, for life, and, upon her sister’s death, to…

2Cases cited10 opinions

  1. Herr EstateSupreme Court of Pennsylvania · 1960
  2. In Re Estate of BreyerSupreme Court of Pennsylvania · 1977
  3. Beisgen EstateSupreme Court of Pennsylvania · 1956
  4. Estate of SykesSupreme Court of Pennsylvania · 1978
  5. Soles EstateSupreme Court of Pennsylvania · 1973

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Estate of SchwenkSupreme Court of Pennsylvania · 1985
  2. In Re Estate of GeyerSupreme Court of Pennsylvania · 1985
  3. Estate of SchwenkSupreme Court of Pennsylvania · 1985
  4. Riley EstatePennsylvania Orphans' Court, Bucks County · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API