Davis's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county : Of January Term 1881, No. 277. This was an appeal by William T. Davis from a decree of the said court in the matter of the estate of John Davis deceased.
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Appeal from the Orphans’ Court of Philadelphia county : Of January Term 1881, No. 277. This was an appeal by William T. Davis from a decree of the said court in the matter of the estate of John Davis deceased. The facts of the case were as follows: — John Davis died August 11th 1879 leaving him surviving a widow Maria G. Davis, two sous John Davis Jr. and William T. Davis; two daughters, Elizabeth S. Murray and Maria Reese, and two grandchildren, issue of a deceased son Robert P. Davis, viz., Annie L. and Bella Davis. By his will bearing date March 11th 1878 said John Davis devised all his…
1Opinion of the CourtJustice Green
The very able argument of the learned counsel for the appellant has not convinced us of any error in the decree of the court below. Under the will of John Davis, Sr., the trustee was not the mere recipient, and passive, holder, of the legal title, without duties to perform. The entire principal of the estate was to be securely invested and so remain during the lives of all the children, and the two grand-children, and the income *204to be paid to them in equal shares. Upon the death of anyone of the children or grandchildren, those who survived were to receive the entire income of the fund, and…
2Cases cited1 opinion
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Estate of HarbsterPennsylvania Orphans' Court, Berks County · 1890
- O'Brien's EstateSuperior Court of Pennsylvania · 1915
- Appeal of BechtelSuperior Court of Pennsylvania · 1898