Forney's Estate

Citations

• 161 Pa. 209
• 28 A. 1086
• 1894 Pa. LEXIS 669

Syllabus

<p>Trusts and trustees — Will—Revocation of trust.</p> <p>Where a testator creates a trust by his will conveying all of his property, but before his death sells some of the property mentioned in the will, the court will enforce the trust as to the remainder as far as circumstances will permit.</p> <p>Trusts and trustees — Spendthrift trust — Active trust.</p> <p>Testator directed that the shares of his daughters should be held by his trustees during their natural lives, with remainder to their children “ without the same, either principal or interest, being in any manner or under any circumstances or any form of proceeding subject to or liable for the present or any future debts, contracts or engagements either of themselves or of any husbands they may now or any time hereafter respectively have, the interest and income alone of said shares to be paid to them rospectively, and their respective receipts alone from time to time as the same may become due and payable, and not by way of anticipation, to be sufficient discharge ior the same.” Held, that the trust was an active one.</p>