Legal Opinion

Case of Baird

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 3 opinions

APPEAL from the decree of the Common Pleas of York county. A petition was presented by George Baird and others to the Court of Common Pleas, praying the discharge of William Johnson, trustee of Elizabeth Baird under the will of Rachel Stewart, which was as follows: “In the name of God. Amen.

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APPEAL from the decree of the Common Pleas of York county. A petition was presented by George Baird and others to the Court of Common Pleas, praying the discharge of William Johnson, trustee of Elizabeth Baird under the will of Rachel Stewart, which was as follows: “In the name of God. Amen. I, Rachel Stewart, of the Borough of York, in the State of Pennsylvania, being aged and infirm, but of sound mind and memory, do make my last will and testament as follows: After payment of debts and expenses, I give, bequeath and devise, unto my son William Johnson, his heirs and assigns, in ■trust, as…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The 15th section of the Act of the 14th of June 1836 (Str. Purd. 999) provides, that when a trust of either real or personal estate has been created by deed, will, or otherwise, for the use or benefit of any person, the court of Common Pleas of the county in which the trustee has resided, shall exercise the jurisdiction and powers given by law in regard to such trust; provided, that nothing therein contained shall extend to trusts created by will, and vested in executors or administrators, either by the words of the will, or by the provisions…

2Cases cited1 opinion

  1. Innes's EstateSupreme Court of Pennsylvania · 1839

3Cited by3 opinions

  1. Williams v. NicholSupreme Court of Arkansas · 1886
  2. Brown's AppealSupreme Court of Pennsylvania · 1849
  3. Geddis v. IrvineSupreme Court of Pennsylvania · 1847

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