Ehrisman v. Sener

Citations

• 162 Pa. 577
• 29 A. 719
• 1894 Pa. LEXIS 1022

Syllabus

<p>Trusts and trustees — Spendthrift trust — Will.</p> <p>There can be no valid spendthrift trust where the trustee is also the cestui que trust with the absolute ownership of the trust, whether income or principal.</p> <p>Testatrix devised all her estate real and personal to her husband “ as long as he shall live.” She further directed as follows: ‘ ‘ And in no event shall my property be sold until my son Edward B. shall have attained the age of twenty-one years. And no incumbrances or liens to be placed upon the same during the lifetime of my said husband, Henry Ehrisman, nor to be liable in any way for any debts he may have contracted or may contract.” Held, that the husband’s life estate was not protected against his creditors.</p>