Appeal of Gowen
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1884, No. 821. Appeal by James E. Gowen, trustee, from a decree of said court, dismissing exceptions filed by said trustee to the report of an auditor, appointed to audit and settle his accounts and to report distribution of the fund in his hands as executor and trustee under the last will and testament of Thomas Mellon deceased.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1884, No. 821. Appeal by James E. Gowen, trustee, from a decree of said court, dismissing exceptions filed by said trustee to the report of an auditor, appointed to audit and settle his accounts and to report distribution of the fund in his hands as executor and trustee under the last will and testament of Thomas Mellon deceased. Before the auditor (George M. Dallas, Esquire), the following facts appeared; Thomas Mellon died in January 1866 leaving a will wherein after making certain devises and bequests he provided as…
1Opinion of the CourtChief Justice Mercur
The distribution of a fund is governed by a rule somewhat different from that by which the question of indubitable title to real estate is determined. When a title to land is liable to be impaired or defeated by the subsequent birth of a child, the rule is as declared in List v. Rodney, 2 Norris, 483. We adhere to that case as a correct exposition of the law when applied to the question of ability to convey real estate by a good and marketable title in fee simple. The distribution of this fund is governed by principles of equity. Those principles are in harmony with the Acts of 24th February,…
2Cited by12 opinions
- Matter of Estate of BloughSupreme Court of Pennsylvania · 1977
- Dickson EstateSupreme Court of Pennsylvania · 1954
- Austin's EstateSupreme Court of Pennsylvania · 1934
- Estate of WeeksSupreme Court of Pennsylvania · 1979
- Austin's EstatePennsylvania Orphans' Court, Philadelphia County · 1933
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