Anton v. Secrist

Citations

• 54 Pa. Super. 337
• 1913 Pa. Super. LEXIS 65

Syllabus

<p>Will — Construction—Trusts and trustees — Separate use trust — Residue ary devise — Equity—Jurisdiction.</p> <p>Where a testatrix makes specific devises of real estate to her two daughters in fee, and in a subsequent clause of her will gives, devises and bequeaths unto the two daughters all the rest and residue of her estate “so nevertheless that the same, as well as the other bequests above given, shall be for the sole and separate use of the said daughters,” the lands specifically given in the first part of the will are covered by the words “other bequests above given,” and are to be held under a separate use trust for the daughters. Such land cannot be mortgaged by the daughters, and if one of them attempts to do so and judgment is entered upon the bond accompanying the mortgage, a sale under such judgment will be enjoined by a court of equity at the instance of one who has lawfully purchased the land from the trustee.</p>