Legal Opinion

O'Reilly v. Reading Trust Co.

Supreme Court of Pennsylvania

Decided October 7, 1918No. Appeal, No. 330PublishedCited by 13 opinions

Appeal, No. 330, Jan. T., 1917, by defendants, from decree of C. P. Berks Co., sitting in equity, No. 1176, Equity Docket 1916, for plaintiff in case of Mary E. O’Reilly, Catherine O’Reilly Kelly, Elizabeth O’Reilly Mishler and Joanna M. O’Reilly v. The Reading Trust Company, Trustee, and John O’Reilly Kelly, by his Guardian ad litem, John Keppelman. Bill in equity to annul certain trust agreements. Before Endlich, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 330, Jan. T., 1917, by defendants, from decree of C. P. Berks Co., sitting in equity, No. 1176, Equity Docket 1916, for plaintiff in case of Mary E. O’Reilly, Catherine O’Reilly Kelly, Elizabeth O’Reilly Mishler and Joanna M. O’Reilly v. The Reading Trust Company, Trustee, and John O’Reilly Kelly, by his Guardian ad litem, John Keppelman. Bill in equity to annul certain trust agreements. Before Endlich, P. J. The opinion of the Supreme Court states the facts. The court awarded the relief prayed for. Defendants appealed. Errors assigned, among others, were in dismissing exceptions…

1Opinion of the Court

Opinion by

Mr. Justice Fox,

In 1881 Patrick O’Reilly died leaving a last will and testament, giving his estate to his wife for life with the remainder in equal parts to five children. In 1889 John F. O’Reilly, one of the five children, assigned his interest in the estate to his mother to secure her for advances to him, and directed that the surplus be held by a trustee, in trust to pay the income to him for life and then to his wife, if living, with the remainder to his children. In 1890 the widow of Patrick O’Reilly, in order to effect a settlement of the estate, released her life estate, and…

2Cases cited4 opinions

  1. Greenfield' EstateSupreme Court of Pennsylvania · 1850
  2. Pennsylvania Railroad v. ShaySupreme Court of Pennsylvania · 1876
  3. Tozier v. BrownSupreme Court of Pennsylvania · 1902
  4. Appeal of the Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1887

3Cited by13 opinions

  1. Scion Breckenridge Managing Member, LLC v. ASB Allegiance Real Estate FundSupreme Court of Delaware · 2013
  2. Yohe v. YoheSupreme Court of Pennsylvania · 1976
  3. Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
  4. Reed v. KellermanDistrict Court, E.D. Pennsylvania · 1941
  5. General Refrigerator & Store Fixture Co. v. FrySupreme Court of Pennsylvania · 1958

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