Fishblate v. Fishblate

Citations

• 238 Pa. 450
• 86 A. 469
• 1913 Pa. LEXIS 991

Syllabus

<p>Trusts and trustees — Illegal business — Revocation of trust— Trust securities — Identification—Family settlement.</p> <p>1. Where a husband and wife had been engaged in business of doubtful legality, and the husband had placed the proceeds thereof in batik in his own name, as trustee for his wife, and had used part of such proceeds for the purchase of securities, the wife cannot be deprived of her rights to the funds or securities so held for her, on the ground that the business was illegal. If the securities can be traced into the hands of third parties who took with notice of the trust, they can be recovered. A trust which is made for another, even though voluntarily, cannot be revoked without the consent of the beneficiary.</p> <p>2. Family settlements are favored by the law, and where such a settlement has been made for the purpose of ending a controversy between husband and wife, it will be enforced so far as it applies.</p>