Trust Estate for Kuntzleman

Citations

• 136 Pa. 142
• 20 A. 645
• 1890 Pa. LEXIS 1019

Syllabus

<p>1. A trust merely for coverture will fall if there is no marriage, in fact or in contemplation, to support it, or, if the cestui que trust becomes discovert by the death of her husband; and the circumstance that the trust imposes active duties upon the trustee will not prevent that result.</p> <p>2. But, when an active trust is created to give effect to a well defined, lawful purpose of a testator, in relation to his family, such as the preservation of the corpus of the estate for the benefit of the remainder-men who are to take by purchase, it will be sustained, whether the cestui que trust be sui juris or not.</p> <p>3. To bring a devise within the Rule in Shelley’s Case, the limitation in remainder must be to the heirs, in fee or in tail, as a nomen collectivum for the whole line of inheritable blood; wherefore, the rule does not apply to a devise of income to a daughter for life, with a limitation over to her heirs, exclusive of her husband and mother.</p> <p>4. Perhaps under Yarnall’s App., 70 Pa. 336, if the testator’s intention was to create a separate use for the life-tenant, the exclusion of the husband alone would not have the effect of narrowing the line of descent; but the exclusion of the mother undoubtedly does so, and, accordingly, under such a limitation the remainder-men will take as purchasers.</p> <p>5. Wherefore, when one of the purposes of a testamentary trust, with active duties in the trustee, is to preserve the corpus of the estate for the remainder-men taking under such a limitation, the trust will be upheld, even though the husband and mother of the cestui que trust have died since the death of the testator.</p> <p>(a) A testator directed that the income of property devised to a trustee for the benefit of his sons, should be paid to them during life “free from their debts,” etc., and that the income of a trust devise for his daughter should be paid to her, during life, for her sole and separate use, upon her separate receipt, without the