Legal Opinion

In re Estate of Creamer

Pennsylvania Court of Common Pleas, Philadelphia County

Decided September 30, 2014No. O.C. No. 911 DE of 2012Published

1Opinion of the Court

HERRON, J.,

The account filed by the executrix to the estate of Roy A. Creamer, Sr., deceased, raises the issue of whether a beneficiary’s share of his father’s estate should be subject to a Family Court judgment in the amount of $16,289.37 for the support of his children where the deceased father’s will contained a spendthrift provision. While ordinarily a spendthrift provision would shield a beneficiary’s share from the claims of creditors while in possession of the fiduciary, an exception has been recognized in analogous case law *379and statute for a beneficiary’s child who has a judgment for…

2Cases cited11 opinions

  1. LaRocca EstateSupreme Court of Pennsylvania · 1968
  2. Moorehead's EstateSupreme Court of Pennsylvania · 1927
  3. Stewart's EstateSupreme Court of Pennsylvania · 1939
  4. Posner v. SheridanSupreme Court of Pennsylvania · 1973
  5. In Re Francis Edward McGillick FoundationSupreme Court of Pennsylvania · 1994

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