Estate of Wagener
Supreme Court of Pennsylvania
Appeal, No. 76, Jan. T., 1899, by August Heckscher, from decree of O. C. Northampton Co., on a petition for an account and to remove trustee. Petition for an account and to remove trustee.
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Appeal, No. 76, Jan. T., 1899, by August Heckscher, from decree of O. C. Northampton Co., on a petition for an account and to remove trustee. Petition for an account and to remove trustee. The facts of the case, as set forth in the petition and not denied hi the answer, are as follows: David D. Wagener, the testator, died in 1860 (incorrectly given in the petition as 1864), leaving a last will and testament duly proved and admitted to probate by the register of wills of the county of Northampton. In the third paragraph of said will the testator bequeathed and devised certain personal property…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The facts necessary to the understanding of the questions presented by this appeal may be briefly stated. The appellant loaned $25,000 to the firm of George K. Sistare’s Sons on the pledge as collateral of securities which were held under the provisions of the will of David D. Wagener upon an active trust for the testator’s daughter for life and for the remaindermen. The loan was procured and the securities pledged by Harold Clemens, one of the trustees, who was a member of the firm of George K. Sistare’s Sons. Brentano Clemens, the other trustee, instituted…
2Cases cited3 opinions
- Austin Keene's AppealSupreme Court of Pennsylvania · 1870
- Clemens v. HeckscherSupreme Court of Pennsylvania · 1898
- Hartman's AppealSupreme Court of Pennsylvania · 1879