9 Watts 300 | Pa. | 1840
The opinion of the court was delivered by
Elizabeth Goering, the mother of the testatrix, appears to have been appointed a trustee by her proper name, and also executrix of the will in like manner, by distinct and separate clauses contained therein. But she having died after proving the will and taking out letters testamentary upon it, and letters of administration de bonis non with the will annexed being thereupon granted to Martin Ebert and Jacob Barnitz, Lydia, the legatee, applied by petition to the court of common pleas of the county in which the first trustee resided at the commencement of the trust, and continued to do so until her death, to have a trustee appointed in place of the first, to take charge of the trust fund. The court accordingly appointed Henry Hoober, who resided in the adjoining county of Lancaster. The administrators de bonis non, conceiving that the court of common pleas had no power to appoint a trustee in such case, appealed from the decree of the court making the appointment. The only question then raised upon the appeal is, had the court of common pleas jurisdiction over the case, so as to give them authority to make the appointment? The 15th section of the act of the 14th of June 1836, Str. Purd. 942, provides that when a trust of either real or personal-estate has-been created by deed, toill or otherwise, for the use or benefit of any person, the court of common pleas of the county in which the trustee has resided, shall exercise the jurisdiction and powers given by law in
The decree is affirmed, and the appellants ordered to pay the costs of the appeal.