Patrick v. Smith
Superior Court of Pennsylvania
Appeal, No. 45, April T., 1896, by C. F. Bingaman, from decree in distribution of C. P. No. 1, Allegheny Co., March T., 1890, No. 30. Exceptions to auditor’s report and distribution thereon as modified by the court.
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Appeal, No. 45, April T., 1896, by C. F. Bingaman, from decree in distribution of C. P. No. 1, Allegheny Co., March T., 1890, No. 30. Exceptions to auditor’s report and distribution thereon as modified by the court. The facts are stated by the Superior Court as follows: By deed dated July 23, 1879, Henrietta Catherwood conveyed all her property to the Philadelphia Trust, Safe Deposit and Insurance Company, in trust to pay her the income during her life; reserving to herself power to provide from the income for a surviving husband, to appoint by will among her children, and a general power of…
1Opinion of the Court
Opinion by
Smith, J.,
(after stating the facts as set out in the above statement of facts) :
In determining the rights of the parties, it is necessary to consider the effect of the trust deed (1) on the control of the trust estate by Mrs. Smith, and (2) on the right of recourse to it by her creditors.
The character and incidents of trust estates have long been settled. The necessary parties are the settlor, the trustee, and the cestui que trust or beneficiary. These need not, however, be in all cases distinct persons. The same person may be settlor and trustee, as in Malone’s App., O. C.…
2Cases cited20 opinions
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Dickerson's AppealSupreme Court of Pennsylvania · 1887
- McKelvy's & Sterrett's AppealsSupreme Court of Pennsylvania · 1885
- Mackason's AppealSupreme Court of Pennsylvania · 1862
- Dubois's AppealSupreme Court of Pennsylvania · 1861
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3Cited by18 opinions
- C. I. T. Corporation v. FlintSupreme Court of Pennsylvania · 1939
- Harris's AppealSupreme Court of Pennsylvania · 1936
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Mogridge's EstateSupreme Court of Pennsylvania · 1941
- American Surety Co. of New York v. DicksonSupreme Court of Pennsylvania · 1942
13 more not listed; retrieve them via the Exa API.