Nolan v. Nolan
Supreme Court of Pennsylvania
Appeal, No. 93, Jan. T., 1907, by defendant, from order of C. P. Berks Co., Nov. T., 1906, No. 56, making absolute rule for judgment on answers of garnishee in case of Thomas J. Nolan v. Helen T. Nolan, Defendant, and The Reading Trust Company, Garnishee. j Rule for judgment against garnishee on answers.
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Appeal, No. 93, Jan. T., 1907, by defendant, from order of C. P. Berks Co., Nov. T., 1906, No. 56, making absolute rule for judgment on answers of garnishee in case of Thomas J. Nolan v. Helen T. Nolan, Defendant, and The Reading Trust Company, Garnishee. j Rule for judgment against garnishee on answers. From the record it appeared that Helen T. Nolan, a widow with six children, on May 31, 1898, by deed duly recorded conveyed certain property to the Reading Trust Company in trust to pay her the-income for life in monthly installments, and upon her death to transfer the principal to such…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
|The learned court below held that the principal as well as the income of the trust estate was subject to attachment by a subsequent creditor. The appellant relies largely on the provision in the deed which in express terms makes it irrevocable by the settlor to sustain the voluntary conveyance.
It is conceded that at the time of the execution of the deed of trust the indebtedness on which the present proceeding is founded had not been created, nor was it in contemplation, nor is there any evidence to show that the settlor intended to withdraw the property set aside…
2Cases cited11 opinions
- Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
- Mackason's AppealSupreme Court of Pennsylvania · 1862
- Rynd v. BakerSupreme Court of Pennsylvania · 1899
- Holbrook's EstateSupreme Court of Pennsylvania · 1905
- Ghormley v. SmithSupreme Court of Pennsylvania · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- C. I. T. Corporation v. FlintSupreme Court of Pennsylvania · 1939
- Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Bowers' Trust EstateSupreme Court of Pennsylvania · 1942
- B.K. Medical Systems, Inc. Pension Plan v. Roberts (In Re Roberts)United States Bankruptcy Court, W.D. Pennsylvania · 1987
24 more not listed; retrieve them via the Exa API.