Shoup's Estate
Superior Court of Pennsylvania
Appeal, No. 36, April T., 1906, by Edward A. Young, trustee, from decree of O. C. Allegheny Co.r March T., 1905, No. 152, dismissing exceptions to adjudication in estate of John Shoup, deceased. Exceptions to adjudication. Hawkins, P. J., filed the following opinion: The question involved in this case is the admissibility of parol evidence to show that this testator intended to create a spendthrift trust for his son.
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Appeal, No. 36, April T., 1906, by Edward A. Young, trustee, from decree of O. C. Allegheny Co.r March T., 1905, No. 152, dismissing exceptions to adjudication in estate of John Shoup, deceased. Exceptions to adjudication. Hawkins, P. J., filed the following opinion: The question involved in this case is the admissibility of parol evidence to show that this testator intended to create a spendthrift trust for his son. The facts are these : Testator gave one-third of his residuary estate to his executor “ in trust that' he shall put and place the same out at interest on good real security, or…
1Opinion of the Court
Opinion by
Rice, P. J.,
It was said in Mehaffey’s Estate, 139 Pa. 276, that it is well settled by an unbroken line of cases, commencing with Fisher *166v. Taylor, 2 Rawle, 33, that, “ by using apt words ” a parent may create a special trust for the benefit of an unfortunate or a spendthrift child, without exposing his bounty to liability for any debts, contracts, or engagements of the beneficiary. No “ apt words ” for the creation of such special trust appear in the will; but it has been declared that a specific provision -that the income shall not be subject to the debts or liabilities of the…
2Cases cited4 opinions
- Estate of StambaughSupreme Court of Pennsylvania · 1890
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Winthrop Co. v. ClintonSupreme Court of Pennsylvania · 1900
- Estate of MehaffeySupreme Court of Pennsylvania · 1891
3Cited by4 opinions
- Philp v. TrainorDistrict Court of Appeal of Florida · 1958
- McCurdy v. Bellefonte Trust Co.Supreme Court of Pennsylvania · 1928
- Trask v. ShafferSuperior Court of Pennsylvania · 1940
- Kunkel v. KemperSuperior Court of Pennsylvania · 1907