Legal Opinion

Pleasonton's Estate

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 327PublishedCited by 7 opinions

Appeal, No. 327, Jan. T., 1910, by John Cadwalader, executor of Elizabeth Hoge Pleasonton LaMothe, substituted appellant, from decree of O. C. Phila. Co., Jan. T., 1896, No. 322, now changed to No. 527, dismissing exceptions to adjudication in Estate of Elizabeth Pleasonton, deceased. Exceptions to adjudication. The facts appear in the opinion of the Supreme Court.

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Appeal, No. 327, Jan. T., 1910, by John Cadwalader, executor of Elizabeth Hoge Pleasonton LaMothe, substituted appellant, from decree of O. C. Phila. Co., Jan. T., 1896, No. 322, now changed to No. 527, dismissing exceptions to adjudication in Estate of Elizabeth Pleasonton, deceased. Exceptions to adjudication. The facts appear in the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to adjudication. — Where a guardian duly appointed by will or otherwise has ignored its duties and made payments to another acting as such under color of authority, such payments may be…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

Under the will of Elizabeth Pleasonton, deceased, probated August 6, 1894, the Pennsylvania Company for Insurances on Lives and Granting Annuities, the appellee here, received the sum of $20,000 upon the following trust, “To invest and keep the same invested and receive the interest and income thereof and apply the same, or so much thereof as shall be needed, for the support, maintenance and education of my great niece, Elizabeth Hoge Pleasonton, until her age of twenty-one years or marriage whichever shall first happen; and from and after her full age aforesaid,…

2Cases cited1 opinion

  1. Clark v. CallaghanSupreme Court of Pennsylvania · 1834

3Cited by7 opinions

  1. Daniels v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1938
  2. Partridge's EstateSupreme Court of Pennsylvania · 1913
  3. Kipp's EstateSupreme Court of Pennsylvania · 1926
  4. Elliott EstateSupreme Court of Pennsylvania · 1957
  5. Mosebach's EstateSuperior Court of Pennsylvania · 1919

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