Legal Opinion

Atchison v. United Presbyterian Board of Publication

Supreme Court of Pennsylvania

Decided January 5, 1920No. Appeal, No. 31PublishedCited by 10 opinions

Appeal, No. 31, Oct. T., 1919, by plaintiffs, from judgment of O. P. Allegheny Co., April T., 1917, No. 932, for defendant on case tried by the court without a jury, in suit of Thomas C. Atchison, John W. English, J. Allison Reed, Substituted Trustees under the Deed of Assignment of Alexander McElroy, v. United Presbyterian Board of Publication. Assumpsit to recover $10,380 with interest. The case was tried by the court without a jury.

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Appeal, No. 31, Oct. T., 1919, by plaintiffs, from judgment of O. P. Allegheny Co., April T., 1917, No. 932, for defendant on case tried by the court without a jury, in suit of Thomas C. Atchison, John W. English, J. Allison Reed, Substituted Trustees under the Deed of Assignment of Alexander McElroy, v. United Presbyterian Board of Publication. Assumpsit to recover $10,380 with interest. The case was tried by the court without a jury. Shaper, P. J., entered judgment for defendant. Plaintiff appealed. Error assigned was in entering judgment for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This was an action of assumpsit tried before the court below without a jury. On September 17, 1860, Alexander McElroy by deed assigned and delivered his entire estate to a board of three trustees, to be by them used and expended as therein directed. After providing for the comfortable maintenance of the settlor and the payment of certain life annuities, the deed says, “I hereby direct that all that may remain of the amount thus assigned to said board of trustees after the foregoing provisions have been made shall be managed and used by said board as a fund for…

2Cases cited2 opinions

  1. Lenox Coal Co. v. Duncan-Spangler Coal Co.Supreme Court of Pennsylvania · 1920
  2. Schwab v. EdgeSupreme Court of Pennsylvania · 1906

3Cited by10 opinions

  1. Bell v. ShannonTennessee Supreme Court · 1963
  2. Commonwealth v. Taylor's Exr.Supreme Court of Pennsylvania · 1929
  3. Peoples National Bank v. BartelSuperior Court of Pennsylvania · 1937
  4. Rochester & Pittsburgh Coal & Iron Co. v. Makoma Coal Co.Supreme Court of Pennsylvania · 1921
  5. American Dressler Tunnel Kilns, Inc. v. HoltSupreme Court of Pennsylvania · 1920

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