Barnett's Appeal
Supreme Court of Pennsylvania
Appeal from'the Orphans’ Court of Philadelphia. This was an appeal by Thomas Barnett, acting trustee under the last will and testament of James Bell, deceased, who appealed for himself and for Mrs. Eliza B. Field and James Bell, beneficiaries in the trust, from the decree of the Orphans’ Court of Philadelphia confirming the report of the auditor appointed to audit, settle, and adjust the second account of Thomas Barnett and John B. Austin, trustees under the will of James…
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Appeal from'the Orphans’ Court of Philadelphia. This was an appeal by Thomas Barnett, acting trustee under the last will and testament of James Bell, deceased, who appealed for himself and for Mrs. Eliza B. Field and James Bell, beneficiaries in the trust, from the decree of the Orphans’ Court of Philadelphia confirming the report of the auditor appointed to audit, settle, and adjust the second account of Thomas Barnett and John B. Austin, trustees under the will of James Bell, deceased, and report distribution in their hands. The appellee was Mrs. Ann Bell, mother and guardian of James Bell,…
1Opinion of the Court
The opinion of the court was delivered, January 25th 1864, by
Read, J.
Trusts have been divided into passive or technical, and active or operative trusts; with the nature and extent of the *399latter of which classes it is our present purpose to deal. Amongst the active trusts has always been classed, that to receive and pay over the profits to another, in which case the land must remain in the trustee to enable him to perform the trust. So where it is the testator’s intention, or where it is necessary for the accomplishment of any object of his will, that the legal estate or possession of the land…
2Cases cited10 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Ashhurst v. GivenSupreme Court of Pennsylvania · 1843
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Spring's EstateSupreme Court of Pennsylvania · 1907
- Ghormley v. SmithSupreme Court of Pennsylvania · 1891
- Sheasley TrustSupreme Court of Pennsylvania · 1951
- Trust Estate for KuntzlemanPennsylvania Orphans' Court, Philadelphia County · 1890
- Owens v. NaughtonSuperior Court of Pennsylvania · 1903
8 more not listed; retrieve them via the Exa API.