Fisher v. Wister

Citations

• 154 Pa. 65
• 25 A. 1009
• 1893 Pa. LEXIS 842

Syllabus

<p>Will — Designation of property — Executory devise.</p> <p>Testator, in the second paragraph of one of the clauses of his will, gave a portion of an estate known as the Wakefield Mills in trust for his two grandsons, naming them. In the third paragraph he gave the remaining portion of the Wakefield Mills estate in trust for the two grandsons and their sister, naming all the persons. Immediately after the gift was a reference to the property devised to the grandsons in the second clause. Following this reference was the following: “ I hereby forbid that the property shall be sold out of the family, but leaving them to dispose of their respective parts by will. In case of the death of either one of them intestate without direct heirs, I direct that such intestate part shall be held by his sister. I bequeath this property to my two grandsons under the following conditions,” etc. In the third paragraph was a direc,tion to the trustees to sell any of the property herein designated as belonging to the three grandchildren, and invest the proceeds for their benefit. Reid, (1) that the direction forbidding the property to be sold out of the family applied to the property given to the two grandsons in the second paragraph; (2) that the attempt at an executory limitation in case of the death of the grandsons, intestate, without direct heirs, transgressed the rule that it must not be within the power of the first taker to defeat the devise over either by the execution of a deed or a will.</p> <p>Trusts and. trustees — Active duties — Executed use.</p> <p>Testator further directed in the third paragraph as follows: “ In creating this trust I design not to burden the trustees with any unnecessary care or responsibility, or to hold them responsible for any lapse. My object being easily understood to secure the property for children who from their youth are not accustomed to the proper management of estates.” No active duties were given to the trustees. Reid, that after the benef