Washington's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 269 and 272, Jan. T., 1907, by Eeal Estate Trust Company of Philadelphia, Executor, from decree of O. C. Phila. Co., Jan. T., 1907, No. 594, sustaining exceptions to adjudication in Estate of Mildred J. Washington, deceased. Exceptions to adjudication.
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Appeals, Nos. 269 and 272, Jan. T., 1907, by Eeal Estate Trust Company of Philadelphia, Executor, from decree of O. C. Phila. Co., Jan. T., 1907, No. 594, sustaining exceptions to adjudication in Estate of Mildred J. Washington, deceased. Exceptions to adjudication. From the adjudication it appeared that Ann Jane Mercer died on April 5, 1886, leaving a will by which she gave to the decedent, Mildred J. Washington, an unconditional legacy of $25,000! This sum remained in the decedent’s hands until her death. At the audit Mildred Carter and Lelia Carter Moncure claimed the whole fund, alleging…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
That a trust may be established by parol is settled law under our decisions : Church v. Puland, 61 Pa. 132 ; Hoffner’s Estate, 161 Pa. 331; Osmond’s Estate, 161 Pa. 513 ; McAuley’s Estate, 181 Pa. 121. The principle authoritatively stated by courts and text-writers, applicable to such cases, is that if a bequest in a will is in terms absolute, but with an understanding had with the legatee that the estate so bequeathed shall be applied to some purpose designated by the testator, a trust arises which a court of equity will enforce unless unlawful in itself. There is…
2Cases cited3 opinions
- Hoffner's EstateSupreme Court of Pennsylvania · 1894
- Vollmer's AppealSupreme Court of Pennsylvania · 1869
- Hasson v. KleeSupreme Court of Pennsylvania · 1897
3Cited by36 opinions
- Mader v. StemlerSupreme Court of Pennsylvania · 1935
- Rocks v. SheppardSupreme Court of Pennsylvania · 1930
- Christian Moerlein Brewing Co. v. RuschSupreme Court of Pennsylvania · 1922
- Gritz v. GritzSupreme Court of Pennsylvania · 1939
- Free's EstateSupreme Court of Pennsylvania · 1937
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