Holbrook's Estate

Citations

• 213 Pa. 93
• 62 A. 368
• 1905 Pa. LEXIS 378

Syllabus

<p>Trusts and trustees — Restraint of marriage — Condition—Limitation.</p> <p>Where a cestui que trust is given the income of a fund “ during the term of her natural life, or so long as she remains unmarried,” with a gift over “in case of her death or marriage,” the gift is upon a limitation in favor of 'the cestui quo trust during the period she remains unmarried, and is valid. Such a provision is not to be construed as an unlawful condition in restraint of marriage.</p> <p>In Pennsylvania the right of a man to do as he will with his own has always been liberally construed. Accordingly, a donor, not under any obligation to give, may give with such conditions as he pleases, subject only to the restriction that the conditions shall not be clearly illegal. Thus a man may not settle his own property on himself so as to keep it out of the reach of his creditors, for that would lead directly to fraud. But a parent or other person, not bound to give at all, may give on a spendthrift trust though the gift is thus placed beyond the reach of the donee’s creditors. In considering any Restriction there is no presumption of illegality. On the contrary, the presumption is in favor of innocence and validity.</p>