Deniston v. Deniston

Citations

• 263 Pa. 224
• 106 A. 200
• 1919 Pa. LEXIS 403

Syllabus

<p>Wills — Rule in Shelley’s Case — Freehold estate — Income of trust —Active trust — Dry trust.</p> <p>1. The rule in. Shelley’s Case is not applicable unless under the deed or will a-freehold estate is vested in the first taker.</p> <p>2. Hence, when the interest of the first taker is only in the income of an active trust, the rule is not applicable, although the remainder is to his heirs.</p> <p>3. A trust is active where, either expressly or by necessary implication, the trustee has active duties to perform, however slight those duties may be.</p> <p>4. The rule in Shelley’s Case does not apply if the first taker is only given interest in a portion of the income of the property, contingent, as to amount, on the happening of certain stated events.</p>