McCloskey v. McCloskey
Supreme Court of Pennsylvania
Appeal, No. 278, Jan. T., 1902, by plaintiffs, from decree of C. P. No. 5, Phila. Co., March T., 1901, No. 417, sustaining demurrer to bill in equity in case of Charles B. McCloskey, Sarah McCloskey and William J. Mc-Closkey, Joseph McCloskey, Percy McCloskey, Cecil Mc-Closkey and Charles Kingdom McCloskey, by their next friend, Charles B. McCloskey, v. Annie C. McCloskey, Sarah A. Mc-Closkey, Ellen B. McCloskey and Catherine M. McCloskey. Bill in equity to enforce a trust.
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Appeal, No. 278, Jan. T., 1902, by plaintiffs, from decree of C. P. No. 5, Phila. Co., March T., 1901, No. 417, sustaining demurrer to bill in equity in case of Charles B. McCloskey, Sarah McCloskey and William J. Mc-Closkey, Joseph McCloskey, Percy McCloskey, Cecil Mc-Closkey and Charles Kingdom McCloskey, by their next friend, Charles B. McCloskey, v. Annie C. McCloskey, Sarah A. Mc-Closkey, Ellen B. McCloskey and Catherine M. McCloskey. Bill in equity to enforce a trust. Demurrer to bill. The facts are stated in the opinion of the Supreme Court. The court sustained the demurrer. Error…
1Opinion of the Court
Opinion by
Mb. Justice Brown,
The trust which the appellants pray may be declared as existing for them rests entirely in parol. Their allegation is that it was created by William McCloskey, now deceased, who was the father of Charles B. McCloskey, one of the appellants, and of John McCloskey, who died since his father, and whose widow and children are the other appellants. The bill of complaint sets forth that, as John McCloskey and Charles B. McCloskey had become financially involved, their father, the said William McCloskey, was anxious that no part of his estate which might go to them after…
2Cases cited11 opinions
- Church v. RulandSupreme Court of Pennsylvania · 1870
- Kellum v. SmithSupreme Court of Pennsylvania · 1859
- Barnet v. DoughertySupreme Court of Pennsylvania · 1859
- Williard v. WilliardSupreme Court of Pennsylvania · 1868
- Barry v. HillSupreme Court of Pennsylvania · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Silver v. SilverSupreme Court of Pennsylvania · 1966
- Kalyvas v. KalyvasSupreme Court of Pennsylvania · 1952
- Metzger v. MetzgerSupreme Court of Pennsylvania · 1940
- Moffitt v. MoffittSupreme Court of Pennsylvania · 1940
- Jourdan v. AndrewsSupreme Court of Pennsylvania · 1917
23 more not listed; retrieve them via the Exa API.