Kenworthy v. Equitable Trust Co.

Citations

• 218 Pa. 286
• 67 A. 469
• 1907 Pa. LEXIS 502

Syllabus

<p>Appeals — Final decree — Interlocutory decree — Quashing appeal — Assignments of error — Trusts and trustees.</p> <p>An order directing a decree to be prepared in accordance with the findings of the trial judge in an equity suit, is not a final decree from, which an appeal may be taken.</p> <p>Assignments of error setting forth certain conclusions of law by the court below, but without giving the language in which such conclusions are stated are bad; so also with an assignment which' refers to more than one exception, and does not set out the exceptions referred to.</p> <p>An assignment of error is bad which alleges that the court committed error in not making certain findings, when it appeared that the appellant presented no requests for such findings, and filed no exceptions to the findings of the trial judge.</p> <p>The court quashed the appeal, but stated that the case was decided adversely to the appellant in Kenworthy v. Levi, 214 Pa. 235.</p> <p>It is always the duty of one purchasing from a trustee, to look at the nature and extent of the trust.</p> <p>Where a trust contains an express prohibition against incumbering the principal of an estate, a power to sell the trust estate does not include a power to mortgage it.</p> <p>If a trustee buys the trust property even at a public sale, which is brought about, or in any way controlled by himself, he will he presumed to buy and hold for the benefit of the trust.</p>