Estate of Smith
Supreme Court of Pennsylvania
APPEAL BY ALFRED P. SMITH, ADMR., FROM THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 94 July Term 1890, Sup. Ct.; court below, No. 418 October Term 1884, O. C. On June 15, 1889, Alfred Smith and Horace T. Smith, trustees for Alonzo Smith, under the will of Stephen Smith, deceased, filed their final account as such trustees. The paper-books did not contain a copy of the account.
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APPEAL BY ALFRED P. SMITH, ADMR., FROM THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 94 July Term 1890, Sup. Ct.; court below, No. 418 October Term 1884, O. C. On June 15, 1889, Alfred Smith and Horace T. Smith, trustees for Alonzo Smith, under the will of Stephen Smith, deceased, filed their final account as such trustees. The paper-books did not contain a copy of the account. From the adjudication of the auditing judge, it appeared that the trustees debited themselves, inter alia, with the sum of $8,870, profits upon the sale of eighteen shares of stock in the Frankford & Southwark…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
Tbe question in this case arises upon the adjudication of the account of Alfred and Horace T. Smith, trustees under the will of Stephen Smith, deceased, who died in October, 1884. By his will the testator gave a portion of his estate in trust to pay the net income to his son Alonzo Smith, free from his debts, for life, with remainder over to his children, etc. Included in this part of his estate were fifty-six shares of the capital stock of the Frankford & Southwark Passenger Railway Company. The whole capital stock of the company was #750,000; that is to say, 15,000…
2Cases cited8 opinions
- Minot v. PaineMassachusetts Supreme Judicial Court · 1868
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- Moss's AppealSupreme Court of Pennsylvania · 1877
- Biddle's AppealSupreme Court of Pennsylvania · 1882
- Vinton's AppealSupreme Court of Pennsylvania · 1882
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