Mooney's Estate
Supreme Court of Pennsylvania
Mooney's Estate, 205 Pa. 418 (Pa. 1903)
54 A. 1094; 1903 Pa. LEXIS 586
Brown, Dean, Fell, Mestrezat, Mitchell, Potter
Mooney's Estate
Opinion of the Court
The manifest intent of the testatrix in creating a testamentary trust was not only to preserve the remainders under her will, but to prevent the property from coming into the control of the life beneficiary and to put it under the management, control and discretion of the trustee during his life and the minority of the youngest of his children. This was enough to bring the case within the principle of Watson’s Appeal, 125 Pa. 340.
Decree affirmed with costs.
Reference
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- Trusts and trustees — Will—Remainder. A testatrix gave all of her estate, real and personal, to W. for his use and benefit during his life to be held in trust by the C. trust company, “ during his life and after his death to his lawful children until the youngest is twenty-one years then to be divided share and share alike if he has no lawful children at his death then the property is to be divided with my four sisters or their children and my brother or his children absolutely share and share alike.” Held, that the trust was an active one, and that W. was not entitled to the possession of the personal estate on entering security as life tenant.