Estate of Freeman
Supreme Court of Pennsylvania
Appeal, No. 559, Jan. T., 1896, by S. Augusta Freeman et al., from decree of O. C. Phila. Co., Jan. T., 1881, No. 228, directing trustee to execute a lease. Petition under the Price act to lease real estate.
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Appeal, No. 559, Jan. T., 1896, by S. Augusta Freeman et al., from decree of O. C. Phila. Co., Jan. T., 1881, No. 228, directing trustee to execute a lease. Petition under the Price act to lease real estate. From the record it'appeared that Henry G. Freeman, who was an attorney at law, left a will by which he devised nnto the Girard Life Insurance Annuity & Trust Company of Philadelphia, certain real estate at the southeast corner of Broad and Chestnut streets in the city of Philadelphia, to have and to hold the same upon certain trusts, viz : In trust to make sales of all or any part of his…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The proposed lease is within the words of the testator’s grant of power to the trustee to lease the property from time to time at its own discretion, but considering the length of the proposed term in relation to the probabilities of life of the testator’s children now living, the trustee and the court below preferred to treat the lease as practically amounting to a sale, and therefore coming within the testator’s restriction requiring the consent of all the cestuis que trustent of age and accessible. In so doing the trustee and the court displayed commendable…
2Cited by4 opinions
- Frankford Trust Co. v. D. A. Schulte, Inc.Supreme Court of Pennsylvania · 1930
- Freeman's EstatePennsylvania Orphans' Court, Philadelphia County · 1926
- Smith's EstateSupreme Court of Pennsylvania · 1904
- Townsend v. Frost, Pennsylvania Court of Common Pleas, Philadelphia County1927