Shirk's Estate

Citations

• 242 Pa. 95
• 88 A. 873
• 1913 Pa. LEXIS 843

Syllabus

<p>Wills — Construction—Trusts — Intent — Trust to support remainders — Termination of trust.</p> <p>Testator by will gave all of his property to his executors in trust for his wife and four children “for and during their lives or the life of the survivor of' them,” directing that the net income from his estate should be divided annually into five shares, one to be paid to his wife and one to each of his four children. After the death of his wife, the income was to be divided into four shares, and continue to remain on the same trusts during the lives of his four children; none of his real estate was to be sold during the lifetime of any of his children, except one certain farm. Upon the death of any of his children without issue, the share of such deceased child was to go on the same trusts to the remaining children subject to the wife’s share of the income on same. Upon the death of any child leaving issue, the share of the child so dying was to “go to and descend and be distributable to his or her children and grandchildren per stirpes,” subject to the income of the wife during her life. In a subsequent part of the will, he directed that the share of each child should not be liable for his or her debts or obligations, and that the children should not have the power to sell or pledge the income. The wife and three of the children were dead, and one child was living and had issue living. Upon a proceeding by such surviving child, who was also sole surviving executor and trustee, to terminate the trust, held, it was the intention of the testator that the estate should remain in the hands of trustees during the lifetime of the wife and of the children, who meanwhile were entitled to enjoy the income only, there being a remainder to the issue of a child who should die leaving issue, and that the trust should not be terminated.</p>