Van Rensselaer v. Dunkin's Executors
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. In 1832 Mrs. Ann Dunkin, of Philadelphia, died, leaving a will, dated 20th July, 1881, wherein she devised all her estate to her executors, in trust, after payment of debts, to receive the dividends and income thereof, and divide the same “into two equal parts, and pay one of said equal parts to her granddaughter, Ann, wife of John S. Van Rensselaer, for her own sole and separate use, notwithstanding her covertureand the other…
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Appeal from the Orphans’ Court of Philadelphia. In 1832 Mrs. Ann Dunkin, of Philadelphia, died, leaving a will, dated 20th July, 1881, wherein she devised all her estate to her executors, in trust, after payment of debts, to receive the dividends and income thereof, and divide the same “into two equal parts, and pay one of said equal parts to her granddaughter, Ann, wife of John S. Van Rensselaer, for her own sole and separate use, notwithstanding her covertureand the other half to the children of the said Ann, who was her sole heir. Of the said estate, $8208.34 consisted of corporation…
1Opinion of the Court
The opinion of the Court was delivered by
Loweie, J.
The testatrix gives all her real and personal estate to her executors in trust; and, of course she did not die intestate .as to any part of it; and the word estate dispenses with the *253necessity of words of inheritance, even without our statute of wills.
The trust is to pay the rents and profits to certain persons; and, since a gift of the rents and profits of anything is equivalent to a gift of the thing itself, the executors hold the property itself in trust for the beneficiaries, who are thus vested with the equitable title to it.
The rents…
2Cited by6 opinions
- Plummer v. RobertsSupreme Court of Missouri · 1926
- Shalters v. LaddSupreme Court of Pennsylvania · 1891
- Kelley's EstateSupreme Court of Pennsylvania · 1916
- Estate of BruchSupreme Court of Pennsylvania · 1898
- Palmer's EstatePennsylvania Orphans' Court, Philadelphia County · 1927
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