Nixon's Trust

Supreme Court of Pennsylvania
Nixon's Trust, 188 Pa. 621 (Pa. 1898)
41 A. 650; 1898 Pa. LEXIS 657
Dean, Fell, Green, McCollum, Mitchell

Nixon's Trust

Opinion of the Court

Per Curiam,

It is very clear indeed that Margaret Nixon had an interest *627in the property in question during the whole of her life if she remained unmarried after the death of her husband, and that the children had no interest therein until after her death or marriage. As neither of those events has occurred, it is manifest that the present appellant has no standing in court at this time. The reasons for this conclusion are so clearly expressed in the opinion of the learned court below that it is unnecessary to elaborate them any further.

Decree affirmed and appeal dismissed at the cost of the appellants.

Reference

Full Case Name
Margaret A. Nixon's Trust. Petition of Anna Mould and of The Safe Deposit and Trust Company of Pittsburg, Guardian of Francis R. Mould, Henry St. L. Mould, James A. Mould, Jr., and Margaret A. Mould, minor children of Anna Mould. Appeal by
Status
Published
Syllabus
Trusts and trustees — Deed of trust. By a deed of trust land was conveyed to M. “ for the sole and separate use of J. for and during his natural life, and so as he alone, or such person as he shall appoint, shall take and receive the rents, issues and profits thereof, to be used and appropriated as he may deem advisable for the use, education and maintenance of the children begotten, and hereafter to be begotten by said J. and M., and from and after the decease of the said J., in trust for the use of the heirs of the body of the said M. by said J. begotten, or to be begotten, forever. After the decease of the said J. the said M. is to have the exclusive control of the said above described property as long as she remains the widow of the said J.; and at her death or marriage the said above described property is to be equally divided among the following named children [naming them], and any other children hereinafter begotten between the said J. and M.” Held, (1) that M. had an interest in the land during the whole of her life if she remained unmarried after the death of her husband; (2) that the children after the death of J., and before the death or marriage of M., had no interest therein, and no standing to have the trust declared ended and terminated.