Minnich's Estate
Supreme Court of Pennsylvania
Appeal, No. 282, Jan. T,, 1902, by Jacob O. Minnich, from decree of O. C. Lancaster Co., May T., 1902, No. 25, dismissing exceptions to adjudication in estate of Anna Minnich, deceased. Exceptions to adjudication. Before Smith, P. J. At the audit Jacob O. Minnich claimed his share of his mother’s estate divested of any trust.
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Appeal, No. 282, Jan. T,, 1902, by Jacob O. Minnich, from decree of O. C. Lancaster Co., May T., 1902, No. 25, dismissing exceptions to adjudication in estate of Anna Minnich, deceased. Exceptions to adjudication. Before Smith, P. J. At the audit Jacob O. Minnich claimed his share of his mother’s estate divested of any trust. The material portion of the will of the testatrix was as follows: “ The part or share coming to my son Jacob O. Minnich, I give and bequeath to my brother Abraham B. Oberholtzer, of Lebanon County, Pa., in trust for the use and benefit of my said son Jacob O. Minnich,…
1Opinion of the Court
Pee. Curiam,
The testatrix, it is true, as appellant claims, left him the entire net income of his share of her estate, without any devise over of the corpus after his death. But she put it in the hands of a trustee with active duties to perform in the payment of taxes and repairs if the devisee failed to do so, and with the express direction that “the same is not to be in anywise liable for any debts owing by my said son, nor for any debts that may be hereafter contracted by him.” This was a valid spendthrift trust which could not be allowed to be defeated by handing over the corpus of the…
2Cited by10 opinions
- Bowers' Trust EstateSupreme Court of Pennsylvania · 1942
- Rehr v. Fidelity-Philadelphia Trust Co.Supreme Court of Pennsylvania · 1933
- Harrison's EstateSupreme Court of Pennsylvania · 1936
- Shower's EstateSupreme Court of Pennsylvania · 1905
- Rockhill's EstateSuperior Court of Pennsylvania · 1905
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