Holbrook's Estate
Supreme Court of Pennsylvania
Appeal, No. 81, Jan. T., 1905, by Helen Morton Bunker, from decree of O. C.Phila. Co., April T., 1903, No. 578, sustaining exceptions to adjudication in Estate of Margaretta R. Holbrook, deceased. Exceptions to adjudication.
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Appeal, No. 81, Jan. T., 1905, by Helen Morton Bunker, from decree of O. C.Phila. Co., April T., 1903, No. 578, sustaining exceptions to adjudication in Estate of Margaretta R. Holbrook, deceased. Exceptions to adjudication. The testatrix by will directed as follows : “ I give and bequeath to my niece Helen Morton, the interest on the sum of $30,000, the said $.30,000 to be held in trust by the Philadelphia Trust, Safe Deposit & Insurance Company for her use, she to receive the net income arising therefrom ■ paid semi-annually during the term of her natural life, or so long as she remains…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
In Pennsylvania the right of a man to do as he will with his own has always been liberally construed. Accordingly, a donor, not under any obligation to give, may give with such conditions as he pleases, subject only to the restriction that the conditions shall not be clearly illegal. Thus a man may not settle his own property on himself so as keep it out of the reach of • *95his creditors, for that would lead directly to fraud. But a parent or other person, not bound to give at all, may give on a spendthrift trust though the gift is thus placed beyond the…
2Cases cited5 opinions
- Lancaster v. FlowersSupreme Court of Pennsylvania · 1901
- Commonwealth v. StaufferSupreme Court of Pennsylvania · 1849
- Hotz's EstateSupreme Court of Pennsylvania · 1861
- Hoopes v. DundasSupreme Court of Pennsylvania · 1848
- Cornell v. Lovett'sSupreme Court of Pennsylvania · 1860
3Cited by25 opinions
- Cannistra EstateSupreme Court of Pennsylvania · 1956
- Borsch EstateSupreme Court of Pennsylvania · 1949
- Baughman's EstateSupreme Court of Pennsylvania · 1924
- Spring's EstateSupreme Court of Pennsylvania · 1907
- Nolan v. NolanSupreme Court of Pennsylvania · 1907
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