Ranney v. Byers
Supreme Court of Pennsylvania
Appeal, No. 152, Oct. T., 1907, by defendants, from decree of C. P. Lawrence Co., Dec. T., 1906, No. 6, on bill in equity in case of Cassius W. Ranney and Robert B. Ranney v. John P. Byers and S. C. Faddis. Bill in equity to declare a trust. The facts are stated in the opinion of the Supreme Court. Error assigned was decree in favor of plaintiffs.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The learned trial judge was right in holding that the writing signed by Byers was a sufficient declaration of trust under the Act of April 22, 1856, P. L. 532, 2 Purd. (13th ed.) 1757, and in entering a decree in conformity with the prayer of the bill.
As has been frequently said, the essential elements of a declared trust are the subject-matter of the trust, the designation of the cestui que trust, and the. right or interest of the cestui que trust in the subject-matter of the trust. It need not be created by writing, but is required by the statute to be “…
2Cases cited9 opinions
- Estate of SmithPennsylvania Orphans' Court, Philadelphia County · 1891
- Smith & Fleek's AppealSupreme Court of Pennsylvania · 1872
- Mellon v. DavisonSupreme Court of Pennsylvania · 1889
- Phillips v. SwankSupreme Court of Pennsylvania · 1888
- Hammer & Dauler v. McEldowneySupreme Court of Pennsylvania · 1863
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3Cited by23 opinions
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- Bair v. Snyder County State BankSupreme Court of Pennsylvania · 1933
- Thompson WillSupreme Court of Pennsylvania · 1965
- Shaw v. CornmanSupreme Court of Pennsylvania · 1921
- Title Guaranty & Surety Co. v. LippincottSupreme Court of Pennsylvania · 1916
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