Slemmons' Estate

Citations

• 173 Pa. 156
• 33 A. 1025
• 1896 Pa. LEXIS 675

Syllabus

<p>Will — Trusts and trustees — Income—Precatory words.</p> <p>Testatrix gave her estate in trust to be equally divided among her children. The trust was then directed to be managed as the trustee shall “ consider most” to their “ advantage,” and when all shall have attained twenty-one years, distribution was to be made to them with all convenient speed of the proceeds of the “ entire estate” so that the “ objects of my bounty may then have each of them their entire control of their several separate estate.” She then excepted from the operation of the trust the income of both real and personal estate, and directed that it should be paid to her husband until all her children were of age “ said income to be disposed of by my husband at his own discretion, with the hope and belief, however, that he will use the same in such a manner as will be advantageous to our children.” She also directed that the trustees should permit her husband and children to live in her ‘ ‘ family residence ” if her husband so desired until all the children were of age. Held, that the husband had no such beneficial interest in the income as would pass to his assignee under an assignment for the benefit of creditors.</p>