Wallace v. Denig

Citations

• 152 Pa. 251
• 25 A. 534
• 1893 Pa. LEXIS 965

Syllabus

<p>[Marked to be reported.]</p> <p>Will — Active trust — Definite failure of issue.</p> <p>Testator by will devised real estate to a trustee in trust for his daughter Lydia to permit her “ to occupy and enjoy the same for her separate use, not to be under the control or subject to the debts of her husband, but to enjoy all the rents, issues and profits during her natural life, and at her death to descend to the issue of her body; but if the said Lydia should die leaving no issue, then the said estate to revert back to and be a part of my residuary estate.” By a subsequent clause the trustee was authorized to surrender and assign the entire trust to the daughter if he should deem it advisable. Held, that the trust was an active one; that the testator contemplated a definite failure of issue; and that the husband of the daughter was not entitled to any interest in the estate as an heir of a child who had died during the lifetime of his wife.</p>