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Fleming's Estate

Citations

  • 217 Pa. 610
  • 66 A. 874
  • 1907 Pa. LEXIS 767

Syllabus

<p>Trusts and trustees — Insolvent trustee — Will—Election—Right to take against will as an asset.</p> <p>A power of election to take under the intestate law is not an asset for the discharge of trust liabilities.</p> <p>Where the wife of an insolvent trustee creates by her will a spendthrift trust for her husband, persons interested in the insolvent trust estate cannot by an attachment against the person of the husband, compel him to elect to take against his wife's will.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Stewart

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