Legal Opinion

McKinney's Estate

Supreme Court of Pennsylvania

Decided January 7, 1918No. Appeal, No. 170PublishedCited by 4 opinions

Appeal, No. 170, Oct. T.,1917, by Birdella Hettler et al., from decree of O. 0. Allegheny Co., Jan. T., 1917, No. 168, dismissing exceptions to Trustee’s account in Estate of Mary Morton McKinney, Deceased. Exceptions to account of testamentary trustee. The facts appear from the following opinion by Over, P. J.: Mary Morton McKinney died testate February 18, 1896. In her will executed on the 1st of February, 1895, she made the following disposition of her estate: “Second.

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Appeal, No. 170, Oct. T.,1917, by Birdella Hettler et al., from decree of O. 0. Allegheny Co., Jan. T., 1917, No. 168, dismissing exceptions to Trustee’s account in Estate of Mary Morton McKinney, Deceased. Exceptions to account of testamentary trustee. The facts appear from the following opinion by Over, P. J.: Mary Morton McKinney died testate February 18, 1896. In her will executed on the 1st of February, 1895, she made the following disposition of her estate: “Second. It is my will that all my property both real and personal of which I shall die possessed, or inherit after death, may…

1Opinion of the Court

Per Curiam,

The trust estate created by the testatrix for her children is active, and they have but equitable life estates. The estates of the contingent remaindermen are legal, and, as the quality of these two estates is not the same, the rule in Shelley’s Case has no application: Little v. Wilcox, 119 Pa. 439; Xander v. Easton Trust Company, 217 Pa. 485. The questions raised by the assignments *129of error are properly, disposed of by tbe learned court below in its opinion dismissing tbe exceptions to tbe account of tbe trustee, and, on it, this appeal is dismissed, at tbe costs of tbe…

2Cases cited2 opinions

  1. Little v. WilcoxSupreme Court of Pennsylvania · 1888
  2. Xander v. Easton Trust Co.Supreme Court of Pennsylvania · 1907

3Cited by4 opinions

  1. Field's EstateSupreme Court of Pennsylvania · 1920
  2. Forsyth's EstateSupreme Court of Pennsylvania · 1939
  3. McKinney EstateSupreme Court of Pennsylvania · 1969
  4. Schulze v. Schulze Dyeing Co., Pennsylvania Court of Common Pleas, Berks County1935

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