Benedict v. Benedict

Citations

• 261 Pa. 117
• 104 A. 581
• 1918 Pa. LEXIS 695

Syllabus

<p>Trusts and trustees — Trust for settlor’s use — Reservation of power to dispose by will — Public policy — Creditors—Fraud—Attachment.</p> <p>1. In order to make a trust valid as to subsequent creditors, the settlor must divest himself of all rights of ownership in, and control over, the property thus conveyed, reserving to himself only the right to receive the income during life; otherwise the trust is void as against public policy.</p> <p>2. Where a person sui juris settled his property in a trust irrevocable in form, for his own use for life, reserving the unrestricted power to devise by will, and providing that his wife and children and next of kin should take only if he did not exercise such power, the property so transferred is subject to attachment at the suit of a creditor of the settlor for a debt incurred subsequent to the creation of such trust.</p>