Capraro v. Propati

The opinion of the court was delivered by

Heher, J.

The enforcement of an express private trust was within the general exclusive jurisdiction of equity as derived from the English Chancery. In time, the jurisdiction was extended to the estates of deceased persons. This equitable authority to compel the due administration of the personal estate of deceased persons, in favor of creditors, legatees, and other parties in interest, is generally justified as the execution of an express active trust. Yet it seems to have been a gradual development of a function originally exclusive in the…