Toner's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 55 and 56, Oct. T., 1917, by Edward F. Layton, Nancy J. Layton and Edward Joseph Layton, from decree of O. C. Westmoreland Co., Nov. T., 1914, Nos. 80 and 69, refusing to decree the termination of a testamentary trust and refusing vacation of order, in Estate of James L. Toner, Deceased. Petition for a decree for the termination of a testamentary trust and petition for vacation of order permitting trustee to mortgage.
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Appeals, Nos. 55 and 56, Oct. T., 1917, by Edward F. Layton, Nancy J. Layton and Edward Joseph Layton, from decree of O. C. Westmoreland Co., Nov. T., 1914, Nos. 80 and 69, refusing to decree the termination of a testamentary trust and refusing vacation of order, in Estate of James L. Toner, Deceased. Petition for a decree for the termination of a testamentary trust and petition for vacation of order permitting trustee to mortgage. Before Copeland, P. J. The opinion of the Supreme Court states the facts. The court refused the petitions. Petitioners appealed. Error assigned, inter alia, in…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The present proceedings were instituted by petition for the purpose of having a testamentary trust declared at an end and the fund distributed among the heirs of the testator; the relief prayed for was refused and the petitioners have appealed.
The petition alleges that James L. Toner died January 6, .1899, leaving a will, which was probated in Westmoreland County; that he devised his residuary estate to the *52Benedictine Society of the Catholic Church in America, in trust, to erect and maintain an industrial school; that, in providing for this institution, the…
2Cases cited14 opinions
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Dulles's EstateSupreme Court of Pennsylvania · 1907
- Searight's EstateSupreme Court of Pennsylvania · 1894
- Burton's AppealSupreme Court of Pennsylvania · 1868
- Kramph's EstateSupreme Court of Pennsylvania · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Commonwealth v. MeyersSupreme Court of Pennsylvania · 1927
- Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
- Girard Will CaseSupreme Court of Pennsylvania · 1956
- Thompson's EstateSupreme Court of Pennsylvania · 1924
- Commonwealth v. Provident Trust Co.Supreme Court of Pennsylvania · 1926
32 more not listed; retrieve them via the Exa API.