Goddard's Estate
Supreme Court of Pennsylvania
Goddard's Estate, 198 Pa. 454 (Pa. 1901)
48 A. 404; 1901 Pa. LEXIS 819
Bbown, Fell, McCollum, Mestbezat, Mitchell, Potteb
Goddard's Estate
Opinion of the Court
The report of the master and examiner approved and confirmed by the orphans’ court, together with the decree of said court corresponding with and sustaining the same, constitutes a sufficient answer to the appellant’s contention and renders extended discussion of the principal questions involved unnecessary. The argument of the appellant’s counsel having been duly considered, and failed to convince us of error, it is our plain duty to affirm the decree.
Decree affirmed and appeal dismissed at the cost of the appellant.
Reference
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Trusts and trustees—Will—Power of appointment—Orphans' court sale. By deed real estate was given to a trustee to hold for the cestui que trust during her life, and after her death to convey the same as she might by her last will limit and appoint among her children. By will the cestui que trust devised the property in trust until the decease of the last survivor of her children, to pay the net income to her children, and after the death of the last survivor to divide the principal in a manner specified among the descendants of her children. By a codicil she excluded a son and his descendants from sharing in her estate, but directed that the son should be paid a specified annuity during his life, and also gave her husband an annuity. After the death of testatrix a petition was presented to the orphans’ court for the sale of the real estate covered by (he deed of trust. The son who had been excluded by the codicil resisted the petition. Held, that the orphans’ court had jurisdiction to order the sale for the benefit of the estate, and as the proceeds of the sale would be held in trust in the exact place of the property sold, the question of the validity of the appointments by the will of the cestui que trust was premature.