Streater's Estate
Supreme Court of Pennsylvania
Appeal, No. 91, January T., 1915, by B. M. Espy, from decree of O. C. Luzerne Co., year 1875, No. 566, directing transfer of stock to a substituted trustee in Estate of Charles Streater, deceased. Petition for citation to compel respondents to show cause why they should not transfer certain bank stock to the trustee of a decedent’s estate.
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Appeal, No. 91, January T., 1915, by B. M. Espy, from decree of O. C. Luzerne Co., year 1875, No. 566, directing transfer of stock to a substituted trustee in Estate of Charles Streater, deceased. Petition for citation to compel respondents to show cause why they should not transfer certain bank stock to the trustee of a decedent’s estate. Before Freas, P. J. From the record it appeared that Edna Streater Pettebone presented her petition to the Orphans’ Court of Luzerne County, alleging that Charles Streater died at Wilkes-Barre in 1863, leaving a will by which he gave one-half his residuary…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The principal question here raised is whether a trustee has power, without express authority, under the terms of the trust, or an order of court, to sell bank stocks received by him from his predecessors in the trust, and by the latter from the estate of the person who created the trust. Appellee in her petition alleges that the ten shares of bank stock which came into the hands of S. B. Sturdevant, as trustee of the Estate of Charles Streater, were part of the residue of that estate, and that the trustee sold and assigned them to appellant. The court below found…
2Cases cited5 opinions
- Commonwealth v. McConnellSupreme Court of Pennsylvania · 1910
- Estate of MarshallSupreme Court of Pennsylvania · 1890
- Toronto Gen. Trusts v. . Chicago, Burlington Quincy Rd.New York Court of Appeals · 1893
- Worrell's AppealSupreme Court of Pennsylvania · 1854
- Clemens v. HeckscherSupreme Court of Pennsylvania · 1898
3Cited by2 opinions
- Davis v. Pennsylvania Co., Etc.Supreme Court of Pennsylvania · 1940
- Simco's Estate, Pennsylvania Court of Common Pleas, Schuylkill County1925