Camden Safe Deposit & Trust Co. v. Schellenger

Leaming, V. C.

A careful consideration of the matter here presented leads me to the conclusion that the income in question, which was payable and should have been paid to Thaddeus W. Markley in his lifetime, passed at his decease to his personal representatives as a part of his estate.

The well-established rule of the common law was to the effect that a trust could not be created with a provision that the inter*139est of the life cestui que trust could not be alienated or subjected to the claim of his creditors. The only manner in which that result could be accomplished to the exclusion of rights…