RAESNER v. HEINSIUS


426 Pa. 166 (1967)

Raesner v. Heinsius, Appellant.

Supreme Court of Pennsylvania.

January 30, 1967.


Attorney(s) appearing for the Case

David C. Baldus, with him John A. Metz, Jr., Sigmund Rosenwasser, and Metz, Cook, Hanna & Kelly, for appellant.

James E. McLaughlin, with him John M. Tighe, and McArdle, Harrington, Feeney & McLaughlin, for appellee.

Before BELL, C.J., MUSMANNO, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE COHEN, January 30, 1967:

This is an appeal from the decree of the lower court directing defendant, in his capacity as administrator of the estate of Nellie Heinsius, deceased, to pay over to plaintiff the sum of $40,100, which amount the court determined was held by the deceased as constructive trustee for plaintiff at the time of her death.

As found by the chancellor, the facts are as follows: Over some twenty years, plaintiff had acquired...

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