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6 Sadler 42

Jackson v. Jackson

Supreme Court of Pennsylvania

Decided March 28, 1887

Supreme Court of Pennsylvania · decided 1887-03-28

This was a bill in equity filed May 6, 1881, by B. Kush Jackson and James Thomson, surviving executors of the last will and testament of Josiah Jackson,… Held: in trust, by George D. Jackson, for himself and the others named. 3. As shown by a written declaration of trust dated July 4, 1861 [setting it out in full.] 4. That George D. Jackson in 1866 acquired an undivided 3/lY interest in the same 523 acres, etc., by conveyance from Erancis Jordan, Samuel H. Bibighaus, Thos.

Affirmed · Decided 1887-03-28

Per Curiam:

¶1An examination of all the numerous assignments discloses no error which demands a reversal of this decree. The demurrer was properly overruled. The jurisdiction of the court cannot 'be successfully questioned. As to an undivided one half of the land, the trust was proved by the written instrument. The trust as to the other half was proved by oral testimony, but by evidence so clear, explicit, and unequivocal as to justify the master and the court in finding that a resulting trust was established.

¶2Decree affirmed and appeal dismissed, at the costs of the appellants.

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