Wilbert's Estate
Supreme Court of Pennsylvania
Wilbert's Estate, 166 Pa. 113 (Pa. 1895)
30 A. 1022; 1895 Pa. LEXIS 1163
Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams
Wilbert's Estate
Opinion of the Court
Neither of the specifications of error in this case is sustained. The learned court was clearly right in holding that, in his devise to appellant, the intent of her father to create a coverture trust was quite plain,—too plain indeed to justify the introduction of extrinsic evidence. All that is necessary to be said on that and other questions involved will be found in the opinion sent up with the record. On that opinion, the decree, as amended July 28, 1894, is affirmed, and appeal dismissed with costs to be paid by appellant.
Reference
- Full Case Name
- John Wilbert's Estate. Elizabeth Berg's Appeal
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Will—Separate use trust—Extrinsic evidence. Testator devised to each of his daughters one sixth of his estate “ to them, their heirs and assigns forever in severalty, the shares to my said daughters to be for their own sole and separate use, free from any claim of any present or future husband.” Held, that the words of the will created a separate use trust for a married daughter, and that the intent to create such a trust was so plain that extrinsic evidence was inadmissible to change it.