Yerkes v. Yerkes
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1901, by defendant, from decree of Superior Court, Oct. T., 1900, No. 154, affirming decree of C. P. No. 1, Phila. County, Dec. T., 1899, No. 1129, on bill in equity in case of Seymour Yerkes v. Matilda or Tillie Yerkes. Bill in equity to declare a trust and for an account.
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Appeal, No. 51, Jan. T., 1901, by defendant, from decree of Superior Court, Oct. T., 1900, No. 154, affirming decree of C. P. No. 1, Phila. County, Dec. T., 1899, No. 1129, on bill in equity in case of Seymour Yerkes v. Matilda or Tillie Yerkes. Bill in equity to declare a trust and for an account. The bill averred that Charles Yerkes, the father of both parties, died seized of certain real estate, in 1878, leaving a will by which he appointed his wife, Hannah, executrix, and bequeathed to her the net income of all his real and personal estate for life, and directed their three children, the…
1Opinion of the Court
Opinion by
Mb.. Justice Mitchell,
The doctrine of equitable conversion is based on the rule that what is to be, or ought to be done shall be treated as if done already. It is a fiction therefore invented to sustain and carry out the intention of the testator or settlor, never to defeat it. Its application requires constant watchfulness to guard against the tendency to become a formal rule de jure without regard to its real purpose and necessity. It should never be overlooked that there is no real conversion, the property remains all the time in fact realty or personalty as it was, but for the…
2Cited by19 opinions
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- Raleigh's EstateSupreme Court of Pennsylvania · 1903
- Shaffer v. ShafferSupreme Court of Pennsylvania · 1946
- National Bank v. SaiaSupreme Court of Kansas · 1942
- Schneider v. SchneiderSupreme Court of Kansas · 1932
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