Keyser's Appeal
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 24, to January Term 1868. John Naglee, Jr., brought his bill against Peter. A. Keyser, Alfred Fitler and Thomas Hart, Jr., in which he set out— 1. That his father, John Naglee, made his .will and codicils, proved February 10th 1852, by which he devised one-half of his residuary estate to trustees and their heirs in trust for his three sons; as to one-third of said half in trust fo.r the complainant and his heirs, and that the defendants are…
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Certificate from Nisi Prius: No. 24, to January Term 1868. John Naglee, Jr., brought his bill against Peter. A. Keyser, Alfred Fitler and Thomas Hart, Jr., in which he set out— 1. That his father, John Naglee, made his .will and codicils, proved February 10th 1852, by which he devised one-half of his residuary estate to trustees and their heirs in trust for his three sons; as to one-third of said half in trust fo.r the complainant and his heirs, and that the defendants are the trustees under that trust. The will and codicils are made pa'rt of the bill. 2. That by certain proceedings had under…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The decree is affirmed for the reasons given in the opinion delivered at Nisi Prius. We are not to be understood, however, as expressing any opinion upon the question, whether the provisions of the second codicil would have kept the trust for the sons alive, if the devise had been in trust for the sons for life, with a power of appointment by will, and in default of appointment to their heirs. It may be doubted whether it would. But a determination of that question is not necessary to the decision of this case.
Decree affirmed.
2Cited by12 opinions
- Morgan'S EstateSupreme Court of Pennsylvania · 1909
- Sheridan v. KrauseSupreme Court of Virginia · 1934
- McCreery v. JohnstonWest Virginia Supreme Court · 1922
- Kaufman v. BurgertSupreme Court of Pennsylvania · 1900
- Mullin v. TrolingerMissouri Court of Appeals · 1944
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