In re Twaddell

Citations

• 110 F. 145
• 1901 U.S. Dist. LEXIS 124

Syllabus

<p>1. Bankruptcy — Assets—Estate Devised.</p> <p>A testator devised certain real estate situate in Pennsylvania to the mother of the bankrupt “for and during the term of her natural life and at the time of her decease to her surviving children equally share and share alike * * * to hold to them, their heirs and assigns, forever.” After the death of the testator and during the lifetime of the life beneficiary, one of her children was adjudged a bankrupt. Held, that he had a vested Interest in the subject of the devise, which passed to his trustee in bankruptcy.</p> <p>2. Same.</p> <p>Mere ability, possessed by one w'ho subsequently becomes a bankrupt, by deed, conveyance, or assignment, or by executory contract, to estop or preclude himself from claiming title to or enjoying property wholly acquired after the execution of such deed or contract, does not constitute “property which prior to the filing of the petition he could by any means have transferred.”</p> <p>3. Same.</p> <p>Where the contingency relates to the event, and not to the person, the remainder-man possesses a right or title which may indifferently be considered or termed a vested right in or to a contingent interest or estate, or a contingent right to a future interest or estate, and such a right is alienable and transmissible to heirs or personal representatives according to its nature, and consequently passes to a trustee in bankruptcy of the remainder-man.</p> <p>(Syllabus by the Court.)</p>