Reference

Full Case Name

Estate of Joel Barlow Moorhead, Charles H. Moorhead's Appeal

Cited By

2 cases

Status

Published

Syllabus

Wills — Trusts and trustees — Life estate. Testator gave his residuary estate to trustees in trust to pay certain annuities to his wife and children, during their respective lives, and in case of the death of any of the annuitants, leaving issue, the annuity to pass to the children and issue of such deceased annuitant; and in case of their death without issue, the annuities were to be divided equally among the survivor or survivors of his four children; after the death of the last survivor of his wife and four children, the principal of his estate was to be divided among his grandchildren. The will further provided: “If any other children should be born to either of my children, then in such event, I direct that my trustees shall pay to such additional grandchildren, living at the time of distribution, to each the sum of ”'. . . . Subject to the payment of the foregoing, the will proceeds: “ If there be anything remaining of my estate after payment of all the annuities, bequests, devises and legacies and just claims against my estate as hereinbefore specified and directed to be paid, I give and bequeath the same to my own right heirs. .... If either of my said children should die without issue, or the issue of such child should fail during the continuance of this trust, which is to continue as long as my wife or either of my children shall remain in full life, the share which would have been of such child or its issue shall be divided equally among the survivors of my said four children and living issue of any deceased child, taking only by representation and never per capita.” As to the children the will contained a spendthrift trust clause. Held, (1) that the trust was an active one; (2) that the cestuis que trust did not take an estate tail or fee simple under the will; (8) that the cestuis que trust were not entitled to the corpus of the estate.