Estate of Harbster

Citations

• 133 Pa. 351
• 19 A. 558
• 1890 Pa. LEXIS 909

Syllabus

<p>(a) A testator directed that his executors invest one seventh oí his estate in reliable securities for the use of his son, and pay the interest thereof to his son during the latter’s life; that after the son’s death the principal should be paid to his children or children’s children in the proper line of descent, but if the son should die without leaving direct descendants, said share should revert back to the estate and be inherited by the testator’s children or their legal heirs:</p> <p>1. These provisions did not constitute a bequest of the fund to the son for life, with remainder to his children, nor did they give him any estate or interest in the principal sum, or any right to its possession ; on the contrary, the trust reposed in the executors was such an active trust as made it necessary for them at all times to have possession of the fund, until its ultimate payment to the persons entitled to the principal: Haldeman v. Haldeman, 40 Pa. 29, distinguished.*</p>