Cooper's Estate
Supreme Court of Pennsylvania
Appeal, No. 92, July. T., 1891, by Samuel W. Cooper, executor of the will of Emily W. Cooper, deceased, from a decree of O. C. Phila. Co., sustaining exceptions to adjudication of executor’s account. Claim to receive devise free from trust.
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Appeal, No. 92, July. T., 1891, by Samuel W. Cooper, executor of the will of Emily W. Cooper, deceased, from a decree of O. C. Phila. Co., sustaining exceptions to adjudication of executor’s account. Claim to receive devise free from trust. The facts appear by the following opinion of the auditing judge, by Hanna, P. J.: “ The testatrix left seven children, all still living and sui juris, and all but one are satisfied with the trusts declared in the will, and wish the same to be sustained. The eldest son, William B. Cooper, however, as before stated, seeks to set aside the trusts and have his…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
While this is a close case, we are of opinion' that the auditing judge was correct in his conclusions, and that the court below erred in overruling him. I understand it to be conceded that the trust created by the will of Emily W. Cooper was an active trust, and that its purpose was entirely legitimate. The cestui que trustent, with a single exception, are willing that the trusts shall be carried out as directed by the testatrix. The learned court below, however, held that it could not be done, because it was in contravention' of two legal principles. One is…
2Cases cited2 opinions
- Vaux v. ParkeSupreme Court of Pennsylvania · 1844
- Estate of MarshallSupreme Court of Pennsylvania · 1890
3Cited by11 opinions
- Sands v. Security Trust CompanyWest Virginia Supreme Court · 1958
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
- Brown's EstateSupreme Court of Pennsylvania · 1927
- Spring's EstateSupreme Court of Pennsylvania · 1907
- Munford v. PeeplesSupreme Court of Georgia · 1921
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