Willis v. Terry

U.S. Circuit Court for the District of Eastern Pennsylvania

Willis v. Terry

105 F. 1007, 1900 U.S. App. LEXIS 4922

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedDecember 26, 1900

DocketNo. 70

StatusPublished

This text of 105 F. 1007 (Willis v. Terry) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willis v. Terry, 105 F. 1007, 1900 U.S. App. LEXIS 4922 (circtedpa 1900).

Pincite

Opinion

J. B. McPHERSON,

District Judge. The testimony laid before the court upon the question of the defendants’ liability to account has satisfied me that an account should be taken upon all matters not embraced in the release [1008]*1008of September 12, 1893. That instrument was proved to be genuine, there being no dispute upon this point, and no testimony was offere'd to impair or destroy its legal effect. But I do not think that the evidence concerning the transactions between the complainant and the defendants since September 12th would justify me in finding that these transactions constituted a binding final settlement of the trust. Payments on account, both of income and principal, have no doubt been made by the defendants; but I discover nothing that permits me to conclude that a full settlement has been made. Let a decree be drawn for an accounting from the day named.

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J. B. McPHERSON,

District Judge. The testimony laid before the court upon the question of the defendants’ liability to account has satisfied me that an account should be taken upon all matters not embraced in the release [1008]*1008of September 12, 1893. That instrument was proved to be genuine, there being no dispute upon this point, and no testimony was offere'd to impair or destroy its legal effect. But I do not think that the evidence concerning the transactions between the complainant and the defendants since September 12th would justify me in finding that these transactions constituted a binding final settlement of the trust. Payments on account, both of income and principal, have no doubt been made by the defendants; but I discover nothing that permits me to conclude that a full settlement has been made. Let a decree be drawn for an accounting from the day named.

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Bluebook (online)

105 F. 1007, 1900 U.S. App. LEXIS 4922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-terry-circtedpa-1900.