Presbyterian Board of Foreign Missions v. Culp
Supreme Court of Pennsylvania
Appeal, No. 2, Oct. T., 1892, by defendant, Wm. Culp, from judgment of C. P. Westmoreland Co., May T., 1889, No. 64, on verdict for plaintiff. Ejectment against tenant of heirs of Harriet E. J. Elder, and case-stated.
Read the full summary
Appeal, No. 2, Oct. T., 1892, by defendant, Wm. Culp, from judgment of C. P. Westmoreland Co., May T., 1889, No. 64, on verdict for plaintiff. Ejectment against tenant of heirs of Harriet E. J. Elder, and case-stated. The case-stated agreed upon the following facts, among others: Harriet E. J. Elder made her will wherein she provided as follows: “ After providing for my necessary funeral expenses, I do give and bequeath my mother Mary Elder, all my personal effects whatsoever, and also all my right, title, interest and claim of and to our farm, together with all monies interests of whatsoever…
1Opinion of the Court
Opinion by
Mb. Justice Stebbbtt,
The question submitted for decision in this case is, whether the estate given by Miss .Elder to her mother was in fee or for life; and its solution was made to turn largely upon whether the so-called “N. B.” clause, contained in the will, was or was not precatory. It was conceded that if the words used were precatory the estate given was in fee.
Precatory trusts do not prevail in Pennsylvania; but what are precatory words is a material question in tins case, and can only be satisfactorily determined by reference to the origin and nature of precatory trusts. It…
2Cases cited5 opinions
- In re Pennock's EstateSupreme Court of Pennsylvania · 1853
- Domestic & Foreign Missionary Society's AppealSupreme Court of Pennsylvania · 1858
- Burt v. HerronSupreme Court of Pennsylvania · 1870
- Newell's AppealSupreme Court of Pennsylvania · 1855
- Kinter v. JenksSupreme Court of Pennsylvania · 1863
3Cited by13 opinions
- Calder's EstateSupreme Court of Pennsylvania · 1941
- Cumming v. PendletonSupreme Court of Connecticut · 1931
- Stinson's EstateSupreme Court of Pennsylvania · 1911
- West Indies Mission AppealSupreme Court of Pennsylvania · 1957
- Hand's EstateSupreme Court of Pennsylvania · 1934
8 more not listed; retrieve them via the Exa API.