King's Estate
Supreme Court of Pennsylvania
Appeal, Nos. 265 and 460, Jan. T., 1891, by Caroline E. King and F. G. Dexter, from decree of O. C. Phila. Co., July T., 1880, No. 57, sustaining exceptions to adjudication. Adjudication of account of F. G. Dexter, trustee under the will of William M. King, deceased.
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Appeal, Nos. 265 and 460, Jan. T., 1891, by Caroline E. King and F. G. Dexter, from decree of O. C. Phila. Co., July T., 1880, No. 57, sustaining exceptions to adjudication. Adjudication of account of F. G. Dexter, trustee under the will of William M. King, deceased. At the audit before Hanna, P. J., it appeared that the testator by his will provided as follows: “ I give devise and bequeath all my individual estate and household goods plate furniture, pictures and stores the estate and property respecting which I have the power of appointment as aforesaid both real and personal to my friend…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
We are of opinion that the learned court below adopted the correct view of the question involved in the present contention. It is clearly shown, in the opinion, that the trust could not be a valid separate use trust, because the cestui que trust, who was the wife of the testator, became discovert at the moment of her husband’s death. Nor could the trust be sustained as a spendthrift trust, for lack of words to create it, or facts to sustain it. There is no provision against creditors, nor any prohibition as to incurring debts. There is a prohibition against the…
2Cases cited1 opinion
- Estate of SchmidtSupreme Court of Pennsylvania · 1898
3Cited by7 opinions
- Keeler's EstateSupreme Court of Pennsylvania · 1938
- Winthrop Co. v. ClintonSupreme Court of Pennsylvania · 1900
- In the Estate of J.A. NaumanSuperior Court of Pennsylvania · 1933
- Klein's EstateSupreme Court of Pennsylvania · 1937
- Heyl's EstatePennsylvania Orphans' Court, Philadelphia County · 1944
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