Souder's Estate

Citations

• 203 Pa. 293
• 52 A. 177
• 1902 Pa. LEXIS 712

Syllabus

<p>Will — Trust and trustees — Separate use trust.</p> <p>Testator gave the interest on the sum of $3,000 to his daughter “ for her sole and separate use,” not to be subject to the debts or control of her husband or any other husband she might have. He further directed as follows : “ Upon the death of my said daughter, the said principal sum of three thousand dollars and all interest due thereon shall be paid to her legal issue, and descendants if she leaves any, according to the present intestate laws of this state, as if she were absolutely possessed thereof, and died intestate, single and unmarried; .... and in ease she dies leaving no legal issue or descendants then the said principal sum and interest due thereon, .... shall descend and be paid to, and I give and bequeath the same unto her brothers and sisters in equal shares and parts according to the intestate laws of Pennsylvania, as if it had been a bona fide absolute estate and she had died possessed thereof, intestate and unmarried.” In another clause the testator for purposes of distribution among his other children threw all of his estate into hotchpot, except the share previously bequeathed to his daughter. Held, that the daughter took a life estate only, and upon her death without issue the fund upon which the interest was bequeathed to her went to her brothers and sisters.</p>