Smith's Estate
Supreme Court of Pennsylvania
Appeal, No. 211, Jan. T., 1904, by-Mary E. Smith, from decree of O. C. Phila. Co., Jan. T., 1890, No. 85, dismissing exceptions to adjudication in estate of Nathan Smith, deceased. Exceptions to adjudication.
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Appeal, No. 211, Jan. T., 1904, by-Mary E. Smith, from decree of O. C. Phila. Co., Jan. T., 1890, No. 85, dismissing exceptions to adjudication in estate of Nathan Smith, deceased. Exceptions to adjudication. From the record it appeared that Nathan Smith died on May 17, 1875, leaving a will which after providing for the appointment of trustees directed that the trustees so appointed should “ hold in trust all my estate, real and personal, to pay to my beloved wife all the money she may need if it should take the whole net income of my estate ; and such net income as is not needed for the…
1Opinion of the Court
Pee, Curiam,
The testator’s will did not create a perpetuity. In brief it gave his estate to trustees to pay to his widow so much of the income as she might need for her support, the rest of the income to his five children, naming them, and the issue of any who had died leaving issue, and after death of the widow the entire income to the children then living, and the issue of any who should have died. The gift of the income to the children was expressly limited to their respective lives, and “after their death the income to be paid to their children until they attain the age of twenty-one…
2Cited by9 opinions
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- Camden Safe Deposit & Trust Co. v. EavensonSupreme Court of Pennsylvania · 1928
- Gibson v. MainSupreme Court of Delaware · 1925
- Schnee v. Elston Et Ux.Supreme Court of Pennsylvania · 1929
- Silverthorn v. SilverthornSupreme Court of Pennsylvania · 1923
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