Browne v. Maxwell

Citation136 A. 232,288 Pa. 398
PartiesBROWNE v. MAXWELL et al.
Decision Date07 February 1927
CourtUnited States State Supreme Court of Pennsylvania
136 A. 232
288 Pa. 398

BROWNE
v.
MAXWELL et al.

Supreme Court of Pennsylvania.

Feb. 7, 1927.


Appeal from Court of Common Pleas, Philadelphia County; Charles Y. Audenried, President Judge.

Suit by Helen M. Browne against Charles T. Maxwell and another, individually and as trustees under the wills of John S. Maxwell and Elizabeth Maxwell, and others. From order dismissing bill, plaintiff appeals. Affirmed.

Argued before MOSCHZISKER, C. J., and FRAZER, WALLING, KEPHART, SADLER, and SCHAFFER, JJ.

William G. Wright and Robert P. F. Maxwell, both of Philadelphia, for appellant.

C. B. Wagoner, J. W. McWilliams and C. S. Wesley, all of Philadelphia, for appellees.

MOSCHZISKER, C. J. Plaintiff filed a bill in equity, averring as follows: That she was a daughter of John Maxwell and Elizabeth Maxwell, his wife, and a beneficiary under their respective wills. Her father's will was probated at Philadelphia, and letters testamentary were granted thereon to the two first-named defendants, Charles T. Maxwell and John S. Maxwell. Her mother's will also was probated at Philadelphia, and letters thereon were issued to the aforesaid defendants, who duly qualified, and have ever since acted as executors and trustees under both of these wills. Plaintiff, the defendants above mentioned, and certain of the decedents' other children and grandchildren (also named as defendants, because they refused, on plaintiff's request, to join in her bill), are all the persons interested in these estates. The will of John Maxwell, deceased, provided that the trustees named by him should hold in trust his stock in a corporation organized and existing under the laws of Pennsylvania, known as the Wilton Hygiene Underwear Knitting Company, having its principal place of business in the county of Philadelphia, and a similar provision as to another block of this stock is contained in the will of Elizabeth Maxwell, deceased. At the deaths of John and Elizabeth Maxwell, and thereafter until about April 16, 1924, the capital stock of the company consisted of 200 shares, par value $50 each, of which 150 shares, belonging to the estate of John Maxwell, are held and controlled by the trustees under his will, 25 shares, belonging to the estate of Elizabeth Maxwell, by the trustees under her will, and the remaining 25 shares are owned, 5 shares each, by plaintiff, the two first-named defendants, and Jennie H. Finck and Stuart Maxwell, also named as defendants. On April 16, 1924, the corporation issued a stock dividend consisting of 1,000 shares of the par value of $50 each, of which 750 shares are held by the defendants Charles T. Maxwell and John S. Maxwell as trustees under the will of John Maxwell, and 125 shares as trustees under the will of...

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