Phillips's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Philadelphia county : Of January Term 1879, No. 211. Case stated for the opinion of the court, in the same manner and to the same effect, as if the facts therein stated were found by the report of an auditor; and thereupon the court shall direct distribution of the assets and securities and money as ought to bo done according to law.
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Appeal from the Court of Common Pleas, No. 2, of Philadelphia county : Of January Term 1879, No. 211. Case stated for the opinion of the court, in the same manner and to the same effect, as if the facts therein stated were found by the report of an auditor; and thereupon the court shall direct distribution of the assets and securities and money as ought to bo done according to law. Elizabeth M. Ebbs, being a widow, with five children, then living, in contemplation of the marriage of her daughter, Florence, executed and delivered a deed, together with the securities therein mentioned, to…
1Opinion of the CourtChief Justice Sharswood
The question in this cause depends upon the construction of the deed of October 17th 1866, which was a settlement by Mrs. Elizabeth Ebbs on the marriage of her daughter Florence with the appellant. It declares the trust to be for the separate use of Florence during her life, then in trust for her children living at the time of her death, and the issue of such as should be deceased to be conveyed to them as they shall respectively attain twenty-one years of age. The provision which follows has given rise to this controversy : “ And in default of such children or issue attaining twenty-one…
2Cited by4 opinions
- Bennett v. Vinton Lumber Co.Superior Court of Pennsylvania · 1905
- Ackerman v. AckermanSupreme Court of Pennsylvania · 1907
- Commonwealth v. FitzmartinSupreme Court of Pennsylvania · 1954
- Commonwealth v. FitzmartinSupreme Court of Pennsylvania · 1954