Estate of Hemphill
Supreme Court of Pennsylvania
Appeal, No. 110, July T., 1896, by Clement M. Hempliill and A. Julian Hemphill, from decree of O. C. Phila. Co., July T., 1896, No. 110, appointing trustee. Petition for the appointment of a trustee. From the record it appeared that testator died on April 1, 1874, leaving to survive him a widow and three sons. By his will he gave his widow all of his estate in trust for certain purposes.
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Appeal, No. 110, July T., 1896, by Clement M. Hempliill and A. Julian Hemphill, from decree of O. C. Phila. Co., July T., 1896, No. 110, appointing trustee. Petition for the appointment of a trustee. From the record it appeared that testator died on April 1, 1874, leaving to survive him a widow and three sons. By his will he gave his widow all of his estate in trust for certain purposes. The material portion of the will as far as the present case is concerned is as follows: “ After the death of my said wife, Sarah Jane, I give and bequeath to my children above named, all of my personal…
1Opinion of the Court
Per Curiam,
The learned judge of the orphans’ court was clearly right in holding that the trust referred to in the petition of William J. Hemphill was active and continuing; and hence there was no error in granting the prayer of the petitioner by appointing a trustee to fill the vacancy occasioned by the renunciation and refusal to act of those named as trustees in the will.
Nothing can be profitably added to what has been said on the subject of the court below. On its concise and satisfactory opinion, the decree is affirmed and appeal dismissed at appellants’ costs.
2Cited by19 opinions
- Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Fletcher v. Los Angeles Trust & Sav. BankCalifornia Supreme Court · 1920
- Moxley v. Title Insurance & Trust Co.California Supreme Court · 1946
- Stewart's EstateSupreme Court of Pennsylvania · 1916
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