Patterson v. Caldwell
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PIIILA- ~ DELPHIA COUNTY. No. 220 July Term 1888, Sup. Ct.; court below, No. 797 March Term 1887, C. P. No. 1. On March 23, 1887, J. A. Caldwell and others, trading as J. E. Caldwell & Co., obtained a judgment against Mrs. L. H. Lynde for the sum of 83,758.82, and issued thereon an execution attachment summoning Robert Emmet Patterson and others, the executors and trustees under the will of Robert Patterson, deceased, and the…
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ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PIIILA- ~ DELPHIA COUNTY. No. 220 July Term 1888, Sup. Ct.; court below, No. 797 March Term 1887, C. P. No. 1. On March 23, 1887, J. A. Caldwell and others, trading as J. E. Caldwell & Co., obtained a judgment against Mrs. L. H. Lynde for the sum of 83,758.82, and issued thereon an execution attachment summoning Robert Emmet Patterson and others, the executors and trustees under the will of Robert Patterson, deceased, and the Central National Bank, as garnishees. Served. To the interrogatories filed the garnishees answered, in effect, that they had…
1Opinion of the Court
Opinion,
Me. Justice McCollum :
If Mrs. Lynde has a vested interest in the principal of the estate of her father this attachment can be sustained; if she has not, it must fall.
Her interest in' the estate is defined by Iris will. It secures to her a share of the net income of the estate for a period designated in it. By its terms it creates an inalienable personal provision for her, which cannot be anticipated, pledged, or assigned, or made liable by legal proceedings for her debts, engagements, or contracts. It constitutes a spendthrift trust, and it is conceded that the income thus secured to…
2Cases cited3 opinions
- East Lewisburg Lumber & Manufacturing Co. v. MarshSupreme Court of Pennsylvania · 1879
- Appeal of ReedSupreme Court of Pennsylvania · 1888
- Power's AppealSupreme Court of Pennsylvania · 1870
3Cited by21 opinions
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- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Sniderman v. NeroneSuperior Court of Pennsylvania · 1939
- Norris's EstateSupreme Court of Pennsylvania · 1938
- Storb AppealSupreme Court of Pennsylvania · 1960
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