Ellwanger v. Moore

Citations

• 206 Pa. 234
• 55 A. 966
• 1903 Pa. LEXIS 686

Syllabus

<p>Attachment execution — Legacy—Decedent's estates — Acts of April 13,1843, P. L. 233, and April 10,1849, P. L. 619 — Trusts and trustees — Spendthrift trust— Gharity — Intestacy—Executio n. (</p> <p>Where a testator leaves his estate uuder a spendthrift trust for his three sons, with survivorship amongst themselves, and upon the death of the survivor to a charity, and directs his executors to sell all of his estate and the testator dies within thirty days from the date of his will, and the charitable bequest thereby fails, an attaching creditor of one of the sons all being alive has no right to issue a fieri facias on his judgment and sell the undetermined and unascertained interest of one of the sons in the estate of the testator which accrued to him by the failure of the charitable bequest. In such a case the attaching creditor after he has secured his judgment against the garnishees, must pursue his remedy in the orphans’ court. No writ of fieri facias or other writ of execution is necessary to carry into effect the purpose of the attachment and to make it available to the creditor.</p>