Meurer v. Stokes

Citations

• 246 Pa. 393
• 92 A. 506
• 1914 Pa. LEXIS 525

Syllabus

<p>Equity — -Equity pleading — Cross-bill—Answer—Demurrer to cross-bill — Jurisdiction, G. P. — Testamentary trustees — Misconduct — Control—Jurisdiction, O. C.</p> <p>1. A cross-bill in equity which does not pray for discovery and which sets up matters in defense which are equally available by answer, or which are not germane to the matters involved in the original hill, is demurrable.</p> <p>2. The Orphans’ Court has exclusive jurisdiction to require a testamentary trustee to file an account of his management of the estate of his testator, to make good losses resulting from his breach of trust, and to give security for proper management of the estate in the future; and such relief when prayed for by bill in equity filed in the Common Pleas Court, will be denied.</p> <p>3. The delinquencies of a trustee do not deprive his wife of any right that she may otherwise have to insist on the partition of the land of which her husband is trustee for herself and other parties, and a bill in equity for the partition of such land, brought by such trustee and his wife will not be dismissed although it appear that such trustee is insolvent and has been guilty of breaches of trust.</p> <p>4. A bill in equity for partition was filed by a married woman and joined in by her husband, who was testamentary trustee of the land sought to he divided. It appeared that testator had bequeathed his estate, of which the land in suit was a part, for the benefit of his four daughters, with powers of appointment by will and contingent remainders over in case the powers should not be exercised. Testator further provided that the share of one of the daughters should be charged with the costs and expenses resulting to the estate from certain litigation which she and her husband were pressing against testator. Certain contingent remaindermen in that share of the estate of which the income was derived by such daughter, filed a' cross-bill wherein they alleged that the other daughters had received larg