Legal Opinion

Piper's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1852PublishedCited by 6 opinions

Appeal from the decree of the Court of Common Pleas of Allegheny county. This was an appeal by William Piper from the decree of the Court, removing him as trustee under a deed of trust, dated the 9th March,. 1849, by which John George Woods and Mary Ann his wife, conveyed to the said William Piper certain real estate in trust.

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Appeal from the decree of the Court of Common Pleas of Allegheny county. This was an appeal by William Piper from the decree of the Court, removing him as trustee under a deed of trust, dated the 9th March,. 1849, by which John George Woods and Mary Ann his wife, conveyed to the said William Piper certain real estate in trust. The deed of trust conveyed to Piper a tract of land of about 198 acres, in Allegheny county, near to Pittshui’gh, to be held by him in trust, viz.: To permit the said Mary Ann Woods, during her life, to occupy, demise, 'or dispose of the said premises or any part…

1Opinion of the Court

The opinion of the Court was delivered by

Black, C. J.

The first error assigned is, that the Court erred in dismissing the trustee before he had entered on the discharge of his duties. I will not stop to inquire whether this be true or not. The Court had the power to dismiss him at any time when good reason was shown for it by the cestui que trust.

The second and third specifications allege that the Court of Common Pleas decided the facts erroneously. It is not our duty, in a case like this, to review the evidence and reverse the decree if our opinion of the facts differs from that of the court…

2Cited by6 opinions

  1. Rudman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1934
  2. Kelsey v. Detroit Trust Co.Michigan Supreme Court · 1933
  3. Ballingall v. KiteSuperior Court of Pennsylvania · 1909
  4. Bell's EstateSuperior Court of Pennsylvania · 1910
  5. Commonwealth v. McFarlinSupreme Court of Pennsylvania · 1992

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