Estate of Quin

Citations

• 144 Pa. 444
• 22 A. 965
• 1891 Pa. LEXIS 632

Syllabus

<p>1. The general doctrine upon which trusts for the separate use of married women rests in Pennsylvania, is essentially different from that prevailing in England; its peculiarity being founded on the particular purpose to be accomplished, to wit, the protection of the feme-covert from her own improvidence, and the improvidence and importunity of her husband: McConnell v. Lindsay, 131 Pa. 476.</p> <p>2. In Pennsylvania, a separate use can be created only for the benefit of a woman actually married, or in immediate contemplation of marriage with a particular person, at the creation of the trust; and, although effectual as respects the first marriage, it will not revive for her protection under a second marriage : The decisions on this subject reviewed, per Mr. Justice Clark.</p> <p>8. Wheu a testator attempts by his will to create such a trust, his power to do so must be determined as of the date of the execution of the will, notwithstanding it does not go into effect until Ms death; if the woman be then neither married nor in immediate contemplation of marriage, the trust will be invalid, and her subsequent marriage, in the testator’s lifetime, will not render it valid: Neale’s App., 104 Pa. 214.</p> <p>4. This rule is unaffected by the act of June 4, 1879, P. L. 88, providing that wills shall be construed with reference to the property comprised therein, “to speak and take effect as if executed immediately before the testator’s death,” etc.; since that act, as before, the power or capacity of the testator, and the legality of his disposition of Ms estate, must be determined as of the date of the will.</p>