Estate of Mehaffey
Supreme Court of Pennsylvania
APPEAL BY W. C. SOLES ET AL. PROM THE ORPHANS’ COTTRT OE ALLEGHENY COUNTY. No. 208 October Term 1890, Sup. Ct.; court below, No. 89 February Term 1890, O. C. On February 20,1890, W. F. Barclay presented his petition setting forth that he was a creditor of Madison Mehaffey, de-visee under the will of Alexander Mehaffey, deceased; that Alexander Mehaffey died March 24, 1886, leaving a will dated October 20,1882, duly admitted to probate; that James Evans, the trustee appointed…
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APPEAL BY W. C. SOLES ET AL. PROM THE ORPHANS’ COTTRT OE ALLEGHENY COUNTY. No. 208 October Term 1890, Sup. Ct.; court below, No. 89 February Term 1890, O. C. On February 20,1890, W. F. Barclay presented his petition setting forth that he was a creditor of Madison Mehaffey, de-visee under the will of Alexander Mehaffey, deceased; that Alexander Mehaffey died March 24, 1886, leaving a will dated October 20,1882, duly admitted to probate; that James Evans, the trustee appointed by said will, had renounced, and W. C. Soles bad been appointed trustee in his stead; that on December 19, 1887, said…
1Opinion of the Court
OpinioN,
Mb. Justice Stebbett :
It is well settled by an unbroken line of cases, commencing with Fisher v. Taylor, 2 R. 33, that, by using apt words, a parent may create a special trust for the benefit of an unfortunate or a spendthrift child, without exposing his bounty to liability for any debts, contracts, or engagements of the beneficiary.
In the third item of his will, the testator, Alexander Mehaf-fey, created such a trust for the benefit of his son Madison, one of the appellants, by devise to James Evans, Esq., in trust to lease the farm devised, “ receive the rents and income thereof,…
2Cases cited2 opinions
- Estate of StambaughSupreme Court of Pennsylvania · 1890
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
3Cited by6 opinions
- McCurdy v. Bellefonte Trust Co.Supreme Court of Pennsylvania · 1928
- Trask v. ShafferSuperior Court of Pennsylvania · 1940
- Levi v. BergmanCourt of Appeals of Maryland · 1901
- Shoup's EstateSuperior Court of Pennsylvania · 1906
- Elder v. Western & Southern Life InsuranceSuperior Court of Pennsylvania · 1934
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