Vandever's Appeal
Supreme Court of Pennsylvania
THIS was an appeal from the decree of the Common Pleas of Chester county, awarding to the estate of Elisha Phipps $500 for one year’s rent, out of the balance in the hands of Alexander Mode and Ellis Phipps, assignees of William Steadman, deceased, on a settlement of the account of their trust, by Thomas Vandever, one of the preferred creditors under the assignment.
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THIS was an appeal from the decree of the Common Pleas of Chester county, awarding to the estate of Elisha Phipps $500 for one year’s rent, out of the balance in the hands of Alexander Mode and Ellis Phipps, assignees of William Steadman, deceased, on a settlement of the account of their trust, by Thomas Vandever, one of the preferred creditors under the assignment. It appeared that Steadman, on the 28th March 1843, being in the personal occupancy of certain premises demised to him by Elisha Phipps at a yearly rent of $500, assigned all his goods and chattels to Mode and Ellis Phipps, in…
1Opinion of the Court
*409The opinion of the Court was delivered by
Rogers, J.
When the administration of a trust is vested in co-trustees, they all form but one collective trustee. They must, therefore, execute the duties of the office in their joint capacity. Thus a receipt for money or a certificate of bankruptcy, &c. must receive the joint signature of the whole body; for the power, interest and authority of co-trustees in the subject-matter of the trust being equal and undivided, they cannot like executors act separately, but all must join. Lewin on Trusts 265, (24 Law Lib.); Willis on Trusts 136, (10 Law Lib.); Ex…
2Cases cited1 opinion
- Osborne's EstateSupreme Court of Pennsylvania · 1840
3Cited by12 opinions
- Dorrance's EstateSupreme Court of Pennsylvania · 1938
- Deviney v. LynchSupreme Court of Pennsylvania · 1953
- Voshake's EstateSuperior Court of Pennsylvania · 1936
- Fesmire v. ShannonSupreme Court of Pennsylvania · 1891
- Coxe v. KriebelSupreme Court of Pennsylvania · 1936
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