Rowland v. Martin

Citations

• 230 Pa. 518
• 79 A. 765
• 1911 Pa. LEXIS 645

Syllabus

<p>Deeds — Construction—Spendthrift trusts — Trusts and trustees.</p> <p>A man and his wife conveyed certain real estate by deed in trust for their own use for life and upon the death of the survivor “in trust to part and divide said real estate into as many parts as there are children or issue” of the wife “then living by representation, and the share of such of her male children or male issue to grant and convey unto them, their heirs and assigns in severalty as tenants in common, and not as joint tenants, freed, clear and discharged of and from all trusts, uses and limitations whatsoever, and provided, however, that in the event of any such child or children or issue of any deceased child or children being under the age of twenty-one years at the time of the decease of ... . the survivor .... then in trust to collect and receive the rents, issues, income and profits of the share of such minor child .... and to pay over the same unto such person or persons as [the wife or surviving husband] .... shall nominate and appoint to receive the same, whose receipts shall be an effectual discharge for all moneys so paid to them by the trustee or his successors in the trust, said moneys to be applied by such person or persons for the maintenance, education and support of such minor child or children or issue of any such child or children, until the said minor child of said Helen Moore, or issue of any deceased child or children being minors, shall attain the age of twenty-one years, such shares óf her said children to be enjoyed by them without being liable or subject to any of their debts or engagements, present or future.” Held, that as to those male children who were twenty-one years of age at the death of the surviving parent the estate would vest absolutely and in fee, free, clear and discharged of and from all trusts, uses and limitations whatsoever.</p>