Vaughan's Estate

Citations

• 230 Pa. 554
• 79 A. 750
• 1911 Pa. LEXIS 651

Syllabus

<p>Wills — Trusts and trustees — Active trusts — Life estates.</p> <p>1. Where a testator, after giving his wife a life estate in all his property and directing that at her decease the property is to be equally divided between his three children, provides “Respecting the one third part to my daughter, I direct that the amount thereof be placed in the hands of my son, as trustee for her and sacredly guard the same for her and her children’s sole use and benefit; and account for the same here as he would .on that Great Day,” the trust is an active one and áfteiTíEéwíf?s~death”thU3a3gEteFTs not entitled to her share free of the trust thus created.</p> <p>2. Where the language employed by a testator in dealing with a bequest to a daughter constitutes a setting aside of part of the fund in question as the daughter’s share to be held in trust for her and her children, the daughter takes a life estate with remainder to her children in fee.</p>