Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-10-31
A FINE LAW PROBLEM
Is Involved in One of Next Weeks
Supreme Court Cases.
ARGUMENTS HEARD YESTERDAY.
Strict Lines Drawn on the Widows Ex-
emption Provision.
VARIOUS MATTERS HANDLED IN COURTS

An interesting case on the argument list
of the Supreme Court will be argued next
week, possibly on Monday. 1t is the
appeal of the Safe Deposit and Trust Com
pany of Pittsburg, guardian of Gertrude
Beilstein, from the decree of the Orphans
Court of this county. J. w. Kinnear is
appellants attorney.
Gertrude Beilstein is a minor child of
George P. Beilstein, Jr., deceased, widely
known as whitley" Beilstein. He gave
her by will the property known as the old
Seaton House, No. 81 Diamond Square, for
life ''but should she die without leaving a
family" the property was to go to testator's
brothers and sisters and they were
appointed executors The property is
valued at 100000 Beilstein directed
that his executors allow his daughter S25
month until she is 81 years old. The exec
utors claim that this clause entities them to
hold the property in trust, and that they
need only pay Gertrude S25 month. Her
guardian. the Safe Deposit and Trust Com
pany, filed petition asking for posses
sion of the property.
The Executors Are Guardians.
The Orphans Court refused to grant the
petition, and ruled that the executors were
virtually the guardians of Gertie until she
is 81 years old, when they are to give her
the remainder of rents and profits. From
this decision Mr.. Kinnear took an appeal on
the part of the Safe Deposit Company to
the Supreme Court. He contends that not
only is Gertrude entitled to life estate in
the property, but that she has a fee simple.
People who are curious on such questions
may satisfy that curiosity by study of the
'"The Rule in Shelby's Case"
George P. Beilstein, Jr, made his will
on March 8, 1871 and it was probated
March %, 1888, and letters testamentary
granted Charles, William and Albert Bell
stein, his brothers. In the answer to the
petition of the guardian, Albert Beilstein,
one of the executors after rehearsing the
provisions of the will, states that they have
collected the rents and applied them as di-
rected by the will, and with the full under
standing of Guardian William Watcher and
at the request of Theresa Beilstein, widow
of said George P. Beilstein, Jr., and that
the 'Ewidow still desires them to collect said
rents" In his Will George P. Beilstein,
Jr., calls his wife Adline Beilstein, and
bequeaths to her 1000.
Judge Overs Opinion.
In his opinion dismissing the petition
Judge Over said that Gertie had an estate
for life in the Seaton House and it may be a
fee simple; that unless the testator intended
that the executors should act as testament
tary guardians during her minority, their
occupation of the premises is unlawful. He
must have intended that the allowance
should be made out of the rents, and how
could they pay it unless they
had right Of possession and
power to lease and collect rents. The de-
scribing them as executors is immaterial,
for if their duties are those of a guardian,
they will be considered as acting in that
capacity. If the executors are to hold the
remainder of the rents until the child is of
age their duties would be those of
guardian, or trustee. If the above con-
clusions are correct the appointment OF the
petitioner as guardian was inadvertently
made.
In a supplemental opinion Judge Over
states that the second marriage of the testa-
tor was void, and it had been suggested,
therefore, that he could not appoint q tes-
tamentary guardian for Gertie, the offspring
of that marriage; conceding that he could
not appoint general testamentary guard
ian for her person and estate, yet he could
appoint a guardian or trustee for such es-
tate as he gave her by his will. The prop
erty belonged to him, and he could impose
such conditions as he saw fit.
Cases Argued Yesterday.
Eight cases were argued in the Supreme
Court yesterday as follows:
Ralph Bagaley VS. the Pittsburg and Lake
Superior Iron Company, appealed by the
defendant from Common Pleas No. l. The
case was an action brought by Bagaley, ex-
president of the defendant corporation, to
recover salary under contract as president,
and various salaries and items paid by him
while president. The lower court gave him
a verdict for $50, $50 76.
Paul Malgart VS.. the Philadelphia Com
pany, appealed by the defendant from
Common Pleas No. 3 The case was an ac-
tion for damages for the death of Malgart's |
wife and injuries to his house in Ash alley,
Fifteenth ward, caused by natural gas ex-
plosion. A verdict of 81 500 was given |
Malgart in the lower court.
John Koelsch ct al vs. the Philadelphia |
Company, appealed by the defendant from |
Common Pleas No. l. The suit was for |
damages for injury to Koelsch and his wife |
and son by natural gas explosion.
B. Coursin VS. John Shroder, an action in |
ejectment, appealed by the defendant from |
Common Pleas No. 2.
E. Kelber VS. the Pittsburg National Plow |
Company, appealed by the plaintiff from |
COlHlDOH lcdS NO. IuO dppcdl 10 lEOu
an order of Court opening q Judgment in /
default of an appearance. The suit was for
damages.
j. F. Moere, for use, VS. Maria and E. J. |
Carter, appealed by the defendant from
Common Pleas No. 1. The suit was on a |
mechanics lien.
Barbara Steinbrunner VS. the P & W. r. |
R. Co., appealed by the defendants from
Common Pleas No 1. The case was for
damages for the death of the plaintiffs hus-
band at a crossing.
R. L. Childs ct al VS. T, A. Gillespie ct al,
appealed by the plaintiffs from Common
Pleas No. l. The case was an action in
ejectment.