Kelly v. Shillingsburg

Citations

• 2 Pa. Super. 576
• 1896 Pa. Super. LEXIS 88

Syllabus

<p>Trusts and trustees — Special fund — Liability of trustee.</p> <p>No trustee of a special fund has any right to appropriate any of the funds in his hands to any purpose not clearly directed by the terms of the trust, under which he holds it.</p> <p>Practice, O. P. — Affidavit of defense — Implication from detailed items.</p> <p>A defendant, having undertaken to set forth in detail in his affidavit the facts upon which he relied for his defense, is presumed to have included all the facts, and these failing when taken together to show a legal defense' to the claim set forth in the plaintiff’s statement, he cannot save himself by the general declaration at the close of the affidavit “ that he has a just and legal defense to the whole of the plaintiff’s claim.</p>