Estate of Clark

Citations

• 134 Pa. 140
• 19 A. 493
• 1890 Pa. LEXIS 678

Syllabus

<p>(as) The will of a decedent, whose estate consisted chiefly of realty, gave to his executors power in their discretion to sell any or all the real estate, and directed that the share of a certain son in the residuum of the estate should be paid over to a trustee to be appointed by the Orphans’ Court.</p> <p>(&) The trustee so appointed was to hold the said share in trust, and under the direction of the Orphans’ Court to pay over the proceeds thereof for the sole benefit of the son and his family, free from his debts, and upon his reformation after he had reached a certain age, or upon his death, to distribute the principal.</p> <p>1. In such case, an inquest of partition would not be awarded upon the petition of said son, filed within two months after the testator’s death, before any trustee had been appointed by the Orphans’ Court, and before the executors had had time to take the necessary steps to administer the estate. -</p>