Winthrop Co. v. Clinton
Supreme Court of Pennsylvania
Appeal, No. 434, Jan. T., 1899, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1897, No. 19, in answers to foreign attachment in case of Winthrop Company v. Winfield A. Clinton. Foreign attachment. Rule for judgment on answers. The facts appear by the opinion of the Supreme Court. Error assigned was in entering- judgment against garnishees üpón their answer.
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Appeal, No. 434, Jan. T., 1899, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1897, No. 19, in answers to foreign attachment in case of Winthrop Company v. Winfield A. Clinton. Foreign attachment. Rule for judgment on answers. The facts appear by the opinion of the Supreme Court. Error assigned was in entering- judgment against garnishees üpón their answer. The undoubted intention of the testator was to protect his son Winfield from his own improvidence and to secure to him an income “ for his use and support during all the term of his natural life.” He thus created a…
1Opinion of the Court
Opinion by
Mr. Chief Justice Green,
The whole question in this case is, whether a testamentary provision in the will of a father in favor of a son is to be treated as a spendthrift trust, so as to defeat the claim of an attaching creditor of the son to the income of the fund in question. The words of the will upon which the controversy arises are a part of the fifth clause which disposes of the residue of the testator’s estate. After providing that the executors shall let and demise all the real estate, and invest all the personal estate upon good securities, the will directs the executors to…
2Cases cited4 opinions
- Estate of StambaughSupreme Court of Pennsylvania · 1890
- Girard Life Insurance & Trust Co. v. ChambersSupreme Court of Pennsylvania · 1864
- King's EstateSupreme Court of Pennsylvania · 1892
- Park v. MatthewsSupreme Court of Pennsylvania · 1859
3Cited by24 opinions
- Strite v. McGinnesCourt of Appeals for the Third Circuit · 1964
- Estate of William Zentmayer, Deceased, the First Pennsylvania Banking and Trust Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1964
- Keeler's EstateSupreme Court of Pennsylvania · 1938
- Ewalt v. DavenhillSupreme Court of Pennsylvania · 1917
- Shower's EstateSupreme Court of Pennsylvania · 1905
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