Buy Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 100 )
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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 100 )

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 100 )


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1883 Excerpt: ... Sleeper v. Pennsylvania Railroad Co. ing but as the agent of the trustees. The permission and option of were of necessity revocable. He had no power except as trustee to make a lease or reserve rent to himself individually. If he could do so, the rent, as soon as it was due, could have been attached by his creditors. He might on the same principle, have appropriated the entire estate to himself, as an individual; and the whole income might have been swept from him by his creditors, and then he would by his own act have destroyed the trust created by the will. On the contrary, it is evident that though the trustees might under the will permit William at his option to receive the rents and income, the moment any of his creditors claimed to arrest them, before their actual receipt by him, it was their right and duty to intervene and protect the trust, and prevent it from going where the testator had prohibited it from going. The fact that William, when applying to be discharged as trustee, had declared under oath that he had never done any thing as trustee, upon which so much stress was laid by the learned judge in his instructions to the jury, was altogether insignificant. Whether he acted as trustee or cestui que trust under the option made no difference. It could not and did not change the active operative character of the trust. We have treated the case as if there was evidence of an actual occupancy by William, and of a renting by him to his firm. The fact was, it seems, that Franklin Fell, in his lifetime, rented the property to the firm of which his son was a member. An account in his name on the books of the firm, had been credited with the rent of the premises, and after his death an account was opened with "W. J. Fell, executor" hi which the rent was...


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Product Details
  • ISBN-13: 9781235758287
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 302
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1235758281
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 544 gr


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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 100 )
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