Goodwin v. Colwell
Supreme Court of Pennsylvania
Appeal, No. 174, Oct. T., 1905, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 1697, dismissing bill in equity in case of P. O. Goodwin and Ethel Hunter v. Mary Jane Colwell, Executrix of Elizabeth McKinley, deceased, and Executrix of Mary McKinley, deceased, and Nancy Jane Colwell, alias Nancy J. Caldwell. Bill in equity to declare a trust in real estate. Demurrer to bill.
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Appeal, No. 174, Oct. T., 1905, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 1697, dismissing bill in equity in case of P. O. Goodwin and Ethel Hunter v. Mary Jane Colwell, Executrix of Elizabeth McKinley, deceased, and Executrix of Mary McKinley, deceased, and Nancy Jane Colwell, alias Nancy J. Caldwell. Bill in equity to declare a trust in real estate. Demurrer to bill. The averments of, the bill and grounds of demurrer are stated in the opinion of the Supreme Court. .Error assigned was decree sustaining the demurrer and dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
It appears from the averments of the bill in equity here filed, that Mary Jane Colwell, one of the defendants, acting under powers contained in the wills of Mary McKinley and Elizabeth McKinley, residents of Armstrong county, sold certain real estate situate in that county, and afterwards removed to Allegheny county. She there made use of the funds arising from the said sale, to purchase other real estate in Allegheny county and took title to it in her own name and in that of her daughter. She has refused to declare a trust, and has of late removed from this…
2Cases cited2 opinions
- Appeal of HallSupreme Court of Pennsylvania · 1886
- Van Dyke's AppealSupreme Court of Pennsylvania · 1869
3Cited by7 opinions
- Commonwealth Trust Co. of Pittsburgh v. BradfordSupreme Court of the United States · 1936
- Gurley v. LindsleyCourt of Appeals for the Fifth Circuit · 1972
- Hart v. United StatesCourt of Appeals for the Eighth Circuit · 1953
- Conners v. Federal Deposit Ins.District Court, E.D. Pennsylvania · 1941
- Allen v. Strong, Pennsylvania Court of Common Pleas, Delaware County1944
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