Legal Opinion

Estate of Stambaugh

Supreme Court of Pennsylvania

Decided June 2, 1890No. 33PublishedCited by 36 opinions

APPEAR BY FREDERICK GROTHE, TRUSTEE, FROM THE ORPHANS’ COURT OF YORK COUNTY. No. 33 July Term 1890, Sup. Ct.; court below, number and term not given. On August 4, 1887, Emily L. Hartman and William H. Gardner, executors of the will of John Wolford, who was trustee of Moses Stambaugh, under the will of Philip Stam.baugh, deceased, settled a final account of the administration of the trust by their testator.

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APPEAR BY FREDERICK GROTHE, TRUSTEE, FROM THE ORPHANS’ COURT OF YORK COUNTY. No. 33 July Term 1890, Sup. Ct.; court below, number and term not given. On August 4, 1887, Emily L. Hartman and William H. Gardner, executors of the will of John Wolford, who was trustee of Moses Stambaugh, under the will of Philip Stam.baugh, deceased, settled a final account of the administration of the trust by their testator. The accountants charged themselves with a trust fund amounting to $3,394.72, received by their testator from a former trustee, and took credit, inter alia, for the payment of $1,529.50, “…

1Opinion of the Court

Opinion,

Mb. Chief Justice Paxson :

We are of opinion that the will of Philip Stambaugh created an active trust in favor of his son Moses. The language of this portion of said will is as follows:

“ And from the other aforesaid divided share of my estate all the just debts and claims that I have and hold against my son Moses Stambaugh are to be subtracted from the same, and the balance thereof is to be placed in the hands of Henry Shaffer, of Jackson township, whom I hereby appoint trustee for to hold the said sum for my son Moses Stambaugh; the said Henry Shaffer is to pay the interest yearly…

2Cases cited2 opinions

  1. Postlethwaite's AppealSupreme Court of Pennsylvania · 1871
  2. Girard Life Insurance & Trust Co. v. ChambersSupreme Court of Pennsylvania · 1864

3Cited by36 opinions

  1. Moorehead's EstateSupreme Court of Pennsylvania · 1927
  2. Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
  3. Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
  4. Van Dyke v. First National BankSupreme Court of Minnesota · 1951
  5. Bennett v. BennettIllinois Supreme Court · 1905

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