St. Margaret Memorial Hospital v. Penna. Co. for Ins. on Lives & Granting Annuities
Supreme Court of Pennsylvania
St. Margaret Memorial Hospital v. Penna. Co. for Ins. on Lives & Granting Annuities, 158 Pa. 441 (Pa. 1893)
27 A. 1053; 1893 Pa. LEXIS 1609
Dean, Green, Mitchell, Sterrett, Thompson, Williams
St. Margaret Memorial Hospital v. Penna. Co. for Ins. on Lives & Granting Annuities
Opinion of the Court
The facts of this case sufficiently appeared in the amended bill and answer. An examination of the record and consideration of the questions presented have led us to the conclusion that there is no error in the decree, and, for reasons briefly stated in opinion of the learned judge of the common pleas, it should be affirmed.
Decree affirmed and appeal dismissed with costs to be paid by defendants out of the funds of the estate.
Reference
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- Trusts and trustees — Equity jurisdiction. A testator devised real estate in trust to his “ trustee and executors, hereinafter named.” In a later clause in the will he named a trust company as “ trustee and executor,” and three individuals as “ coexecutors.” Held, that a court of equity had jurisdiction to enforce the trust. Will — Devise—Courses and distances — Streets. Where a description of land in a devise by will calls for a certain distance along a street to another street not opened or located at the time of testator’s death, the call for the point on the unopened street will control the distance named in the will, although the excess is over one hundred feet.