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· 4/11/1921

Moser's Estate

Citations

  • 270 Pa. 217
  • 113 A. 199
  • 1921 Pa. LEXIS 362

Syllabus

<p>Wills—Trusts a,nd trustees — Spendthrift trust — Remainder— Merger—Intention.</p> <p>1. Where two estates meet, merger will not be permitted if the purposes of the creation of one of them require that they should remain distinct. .</p> <p>2. A gift by will of a fund in trust “to safely invest the same and pay the net income thereof” to a married sister of testatrix “during the term of her natural life, without liability for any of her debts, engagements or contracts,” and upon her death then over, creates a spendthrift trust in the sister, which cannot be terminated during her lifetime.</p>

Judges: Frazer, Moschzisker, Sadler, Schaefer, Simpson, Walling

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