Gunnell's Estate

Citations

• 269 Pa. 343
• 112 A. 450
• 1921 Pa. LEXIS 561

Syllabus

<p>Wills — Construction — Remainder in fee — Spendthrift trust — > Gift to nephew — Intestacy—Res adjudicata.</p> <p>1. Where a testator gives his entire estate in trust for two children for life, and upon the death of the survivor, to six nephews, but directs that the share “then coming” to one of the nephews shall be held by a trustee under the terms of a spendthrift trust for life, the nephew takes an absolute interest in such share, subject to the spendthrift trust, and upon his death it goes to his heirs or next of kin.</p> <p>2. In such case, where the orphans’ court, after the death of the two children, awards the share in question to a trustee to be held for the nephew under the terms of the spendthrift trust, the decree is not res adjudicata as to the final disposition of the principal of the share.</p>