Legal Opinion

Stewart's Estate

Pennsylvania Orphans' Court, Mercer County

Decided September 14, 1943No. 127Published

1Opinion of the Court

Braham, P. J.,

fifty-third judicial district, specially presiding,

This is a petition by two of three trustees of a fund established under the will of Elizabeth Stewart for dismissal of the third trustee for failure to follow the majority vote of the trustees and sign checks for disbursements from the fund.

It becomes important to consider the exact manner of founding and nature of the fund. Item II of the will of Elizabeth Stewart provided as follows:

“Item II. I authorize my executor to establish a fund of fifteen thousand ($15,000.00) dollars to be known as the ‘Elizabeth Stewart Fund’ to aid…

2Cases cited10 opinions

  1. Price v. MaxwellSupreme Court of Pennsylvania · 1857
  2. Dorrance's EstateSupreme Court of Pennsylvania · 1938
  3. City of Boston v. DoyleMassachusetts Supreme Judicial Court · 1903
  4. Wright's EstateSupreme Court of Pennsylvania · 1925
  5. Vandever's AppealSupreme Court of Pennsylvania · 1845

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