Legal Opinion

Bonsall Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided October 27, 1948No. 540Published

1Opinion of the Court

Bolger, J.,

— The auditing judge, in holding that the Act of June 1, 1945, P. L. 1337, does not authorize the termination of spendthrift trusts created prior to the date of enactment, relied upon Harrison’s Estate, 322 Pa. 532, and the precedents cited therein. They decide that the abrogation of a testator’s right to protect his heirs from a presumed incapacity to manage inheritance can only be accomplished by express, definite and positive enactment. However, the principle of Harrison’s Estate, which was decided in the year 1936, was changed by the Statutory Construction Act of 1937, P. L.…

2Cases cited21 opinions

  1. California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
  2. Willcox v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1947
  3. Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
  4. Lyon v. AlexamderSupreme Court of Pennsylvania · 1931
  5. Holdship v. PattersonSupreme Court of Pennsylvania · 1838

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