Chestnut Street National Bank v. Fidelity Insurance, Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal, No. 74, Jan. T., 1898, by-defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1889, No. 217, sustaining demurrer to interrogatories. Demurrer to answers to interrogatories sur attachment execution.
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Appeal, No. 74, Jan. T., 1898, by-defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1889, No. 217, sustaining demurrer to interrogatories. Demurrer to answers to interrogatories sur attachment execution. From the record it appeared that on February 11, 1885, Ellen A. Bryant, for the consideration of one dollar, executed a deed to the Fidelity Insurance, Trust and Safe Deposit Company, for certain securities : “ To have and to hold the same to the proper use and behoof of the said party of the second part and its successors. In trust, nevertheless, upon the following provisions, uses…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
It was conceded by the learned court below, and we think it must be regarded as settled law, that the writings in question in this controversy must be considered as being of a testamentary character, and therefore as revocable instruments. In Frederick’s Appeal, 52 Pa. 338, the settlor executed a deed of trust by which the income of the property conveyed was to be paid to himself during life, and the principal was to be divided among his nine children after his death. By another deed subsequently executed he revoked the first deed of trust and made a will leaving…
2Cases cited3 opinions
- Frederick's AppealSupreme Court of Pennsylvania · 1866
- Russell's AppealSupreme Court of Pennsylvania · 1874
- Rick's AppealSupreme Court of Pennsylvania · 1884
3Cited by11 opinions
- Scanlon's EstateSupreme Court of Pennsylvania · 1933
- Wilson v. AndersonSupreme Court of Pennsylvania · 1898
- Rynd v. BakerSupreme Court of Pennsylvania · 1899
- Curry AppealSupreme Court of Pennsylvania · 1957
- Lyon TrustSuperior Court of Pennsylvania · 1948
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