In re Assigned Estate of Handy

Supreme Court of Pennsylvania
In re Assigned Estate of Handy, 182 Pa. 68 (Pa. 1897)
37 A. 854; 1897 Pa. LEXIS 771
Dean, Fell, Green, Mitchell, Williams

In re Assigned Estate of Handy

Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The matters involved in this controversy were before this court in Handy’s Estate, 167 Pa. 552, and most of them decided. The principal question now raised is whether the estate of E. S. Handy, Jr., under his father’s will included any interest in land which would be subject to the lien of a judgment against him. This question was incidentally considered in the former case but in the state of the record then was not decided though some intimation was given of the leaning of the court. The learned master, however, to whom the matter was referred back for the ascertainment of the liens and the effects of the sale upon them, took up the question anew with great learning and ability, and has stated his conclusions with such clearness and accuracy that little more is necessary for us than to express our approval of them.

*82The testator left his estate in trust but gave a beneficial interest in one fourth of it to his son E. S. Handy, Jr. The proportionate part was fixed but the specific property of which it should consist was left wholly within the control of the trustees, and could only be determined when they made the division directed by the testator on the death of his widow. Such division is within their absolute discretion, subject only to the requirement that it shall be into equal fourths in value. They may set apart as this son’s share all personalty, or all realty, or a portion of each. Until such allotment he has no vested interest in any part of the land, but only a mere possibility or expectation, not the subject of lien.

Decree affirmed with costs.

Reference

Full Case Name
In re Assigned Estate of Edward Handy, Jr. Appeal of William H. Larned and Edwin J. Haas, Copartners of the firm of Larned & Haas
Cited By
4 cases
Status
Published
Syllabus
Will — Vested interest — Lien—Trust and trustees. Where a testator leaves his estate, consisting of real and personal property, in trust, and directs that after the death of his widow it shall be divided into four equal parts, leaving it absolutely to the discretion of the trustees as to how each one fourth part shall be made up, the beneficial owners of the respective parts have not, until the allotment is made, a vested interest in any part of the land, but a mere possibility or expectation, which is not the subject of lien.