Winthrop Co. v. Clinton

Citations

• 196 Pa. 472
• 46 A. 435
• 1900 Pa. LEXIS 540

Syllabus

<p>Trusts and trustees — Spendthrift trust — Will.</p> <p>It is not essential that a spendthrift trust should contain words providing specifically that the income shall not be subject to the debts or liabilities of the cestui que trust</p> <p>The word “ support ” in a trust clause in a will has a much more limited meaning than the word “ benefit,” and a gift for the “ support” of a son means.a gift for his personal or physical subsistence or maintenance.</p> <p>Testator gave his estate to his executors to pay the net income to his wife “ into her own hands for her separate use and maintenance during all the term of her natural life ” and after her decease to pay the net income to his son “for his use and support for and during all the term of his natural life, and not to be liable to anticipation, and his receipt alone to be the sole discharge ” to the trustees. There was a gift over after the son’s death. ' Held, that a spendthrift trust was created in favor of the son.</p>