Hill v. Clark

Citations

• 74 Pa. Super. 181
• 1920 Pa. Super. LEXIS 119

Syllabus

<p>Trust and trustees — Education of beneficiaries — Liberal educar tion — Reimbursement of parent.</p> <p>A trust fund, created for the express purpose of educating the grandchildren of the testator, may be applied for that object, notwithstanding the liability of the parents and the fact that they may be able to support and educate their children out of their own means.</p> <p>The views of a mother having the custody of her children in regard to their education are entitled to fair consideration by the trustees who have charge of a fund .providing for such education. The trusteeship cannot be used as a means to coerce the children to live with one of their parents, nor will a court of equity permit the wishes and directions of a testator, with respect to the education of his grandchildren, to be nullified by the inaction of the trustees, or their failure to perform their duties under the trust.</p> <p>Where the will of a testator created a trust fund, which was to be used in providing his grandchildren with a liberal education, from the time they were fifteen years old, it was the duty of the trustees to defray the expenses of the education of such grandchildren in the preparatory schools before they were ready to go to college, as well as to pay the expenses of their collegiate education. Where two of such grandchildren were living with their mother who had been divorced from their father, it was none the less the duty of the trustees to reimburse her for money expended by her in the preparatory education of such grandchildren. The mother in such cases was more than a mere volunteer; she was the legal custodian of the children, though not the parent primarily responsible for their maintenance and support. If the trustees failed to perform the duty imposed upon them with reference to the education of her children, she was justified in seeing that the matter was attended to, and could look to the trustees for reimbursement of such reasonable sums as she spent for t