Hahn v. Hutchinson
Supreme Court of Pennsylvania
Appeal, No. 194, Oct. T., 1893, by defendant, David Hutchinson, from order of C. P. Allegheny Co., April T., 1893, No. 189, making absolute rule awarding writ to sequester income of defendant’s life estate. Rule for writ to sequester income of defendant’s life estate. From the record it appears that Margaret Hutchinson, defendant’s wife, died Nov. 28, 1890, leaving a will, the material portions of which are as follows: “ First.
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Appeal, No. 194, Oct. T., 1893, by defendant, David Hutchinson, from order of C. P. Allegheny Co., April T., 1893, No. 189, making absolute rule awarding writ to sequester income of defendant’s life estate. Rule for writ to sequester income of defendant’s life estate. From the record it appears that Margaret Hutchinson, defendant’s wife, died Nov. 28, 1890, leaving a will, the material portions of which are as follows: “ First. For the purpose of carrying out this my will, I give, devise and bequeath to my husband, David Hutchinson, my entire estate, real, personal or mixed, in trust, he to…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The first clause of the will of the testatrix creates the inter*138est given to her husband. The second clause creates the interest of the two daughters, but it is made “subject to all the provisions of the first clause.” Neither the interest of the daughter Jeanette Moffit, nor of the daughter Annie Margaret Hutchinson, commences or has any existence during the life of their father David Hutchinson. The daughter Annie Margaret has no right to any income from the estate until after her father’s death. For the purposes of the present contention it is only necessary to…
2Cases cited10 opinions
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