Kuhn v. Newman
Supreme Court of Pennsylvania
These are five suits in equity, brought respectively by four of the granddaughters and one grandson of James Lyle, deceased, against the defendants, who are trustees under his will. Their object is to obtain a conveyance of the legal estate in the subjects of the trust. The testator’s will was dated July 26, 1826, and he died on the 10th of August following, leaving two children: Mary, the wife of Henry Beckett, and Ellen, the wife of Hartman Kuhn.
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These are five suits in equity, brought respectively by four of the granddaughters and one grandson of James Lyle, deceased, against the defendants, who are trustees under his will. Their object is to obtain a conveyance of the legal estate in the subjects of the trust. The testator’s will was dated July 26, 1826, and he died on the 10th of August following, leaving two children: Mary, the wife of Henry Beckett, and Ellen, the wife of Hartman Kuhn. Both of them had children who survived their grandfather. By that will he appointed the present defendants, John B. Newman, Hartman Kuhn, and…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
Leaving out all in this will that is irrelevant to these cases, we have an absolute estate in remainder in the children of Mrs. Kuhn. Rut some of them are not sui juris, and we are to decide whether the titles of any of them are placed under the protection of equity forms of procedure, or are left subject to the rules of law only. The devise is to trustees for the use of the testator’s daughter, Mrs. Kuhn, and then in trust for her children, to be divided equally among them “ for their sole and separate use respectively, and that free and…
2Cases cited2 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Smith v. StarrSupreme Court of Pennsylvania · 1838
3Cited by3 opinions
- Trust Estate for KuntzlemanPennsylvania Orphans' Court, Philadelphia County · 1890
- Peoples Sav. Bank v. DenigSupreme Court of Pennsylvania · 1890
- Klein's EstatePennsylvania Orphans' Court, Berks County · 1940