Dickson v. Commonwealth Trust Co.

Opinion by

Mr. Justice Drew,

This action in assumpsit was brought by Eleanor G-. Dickson, plaintiff, against Commonwealth Trust Company of Pittsburgh, defendant, to recover the full balance in cash of- the principal of an inter vivos trust created by her husband. A case stated was filed and, after argument, the learned court en banc held that defendant is not required to repay the principal of the trust in.full in cash, and entered a judgment for defendant. Plaintiff appealed.

The following facts aré agreed upon in the case stated: On June 9, 1928, plaintiff’s husband deposited with defendant…