Wanner v. Snyder

Citations

• 177 Pa. 208
• 35 A. 604
• 1896 Pa. LEXIS 965

Syllabus

<p>Trusts and trustees — Spendthrift trust — Will.</p> <p>There can be no valid spendthrift trust where the trustee is also thecestui que trust with the absolute ownership of the subject of the trust, whether income or principal; but the beneficiary is not the absolute owner when he is directed to make certain payments out of the income at all events.</p> <p>Testatrix by her will gave the entire income of the residue of her estate to her husband directly. The husband also was given the light to take possession of the real estate, and to occupy it or to lease it “ for the purpose of ore, sand, stone, etc., as he may see proper.” If any of the decedent’s securities were paid off he was authorized to collect the same and to reinvest the money thus paid with the assent of the executors. No-trustee was appointed, and the husband was to hold the legal as well as-the equitable title to the income in his own right. The income was to be-free from any liability for the husband’s debts. The property was devised; over after the death of the husband. Testatrix also directed that her husband should properly educate a young girl mentioned in the will, and should pay to her “ out of the devise and bequest by me to him made” $150 annually. Held, that as the whole income of the estate given to the husband was his absolutely, but was subject to two serious and controlling charges, the income was not subject to the claims of the husband’s creditors : Hahn v. Hutchinson, 159 Pa. 133; Ehrisman v. Sener, 162 Pa. 577, distinguished. Holden v. Patterson, 7 W. 517; Ashhurst v. Given, 5 W. & S. 323, and Brown v. Williamson, 36 Pa. 338, followed.</p> <p>A married woman may make a valid spendthrift trust in favor of her husband.</p>