In Re Estate of Foster

Citations

• 179 Pa. 610
• 36 A. 343
• 1897 Pa. LEXIS 698

Syllabus

<p>Will — Trusts and trustees — Discretion of trustee.</p> <p>A married woman by her will, gave to her husband, his successors and assigns, all of her estate, real and personal, .... in trust as follows :</p> <p>With full power and discretion in said trustee and his successors, to mortgage, lease, sell, convey, assign, transfer, hold, manage or invest and reinvest the same until my youngest child arrives at twenty-one years of age, and to distribute the income or principal or both among my three children, and their heirs, at such times, in such manner and in such shares, equal or unequal, as he or his successor in his sole discretion may deem proper and just.” The personal property consisted only of household furniture which was in use by the family during the lifetime of testatrix, and continued so afterwards. After the death of one of the sons, an attaching creditor of the husband sought to sequester the husband’s interest in the trust estate. At this time the youngest child was about fourteen years of age, and the oldest over twenty-one. Held, (1) that the household furniture was an entirety which could not be broken without a breach of trust, and therefore, the attaching creditor of the husband had no right to take any pai’t of it; (2) that the furniture should be awarded to the husband in trust for the purposes of the will.</p>