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· 7/17/1919

Wrenshall's Estate

Citations

  • 72 Pa. Super. 258
  • 1919 Pa. Super. LEXIS 297

Syllabus

<p>Decedent’s estate — Wills—Construction of wills — Trusts.</p> <p>A bequest of the balance of a fund, derived from the sale of certain shares of stock, to be used in keeping in order lots in a cemetery, paying any debts and funeral expenses, and in caring for an old horse, creates a trust for the purposes before mentioned.</p> <p>Where the funds so entrusted are of an amount not incommensurate with the purposes of the trust, it cannot be said as á matter of law, that a lesser sum would be sufficient, and that the trust could thus be carried out, leaving a balance undisposed of.</p> <p>Where the bequest, read in connection with the whole will, clearly establishes the intention to create a trust, it will not be set aside.</p>

Judges: Head, Henderson, Keller, Orlady, Porter, Trexler, Williams

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