Knight's Estate
Supreme Court of Pennsylvania
Knight's Estate, 235 Pa. 149 (Pa. 1912)
83 A. 709; 1912 Pa. LEXIS 515
Brown, Elkin, Mestrezat, Moschzisker, Potter
Knight's Estate
Opinion of the Court
Nothing could be clearer than the intention of the testatrix that the shares of her son and daughter should be held in trust for them. Her direction is that a share of her estate be held by her executors, and the survivors of them, in trust for each of her children, the income arising therefrom to be paid to them annually during the term of their natural lives. As this intention of the testatrix to create a trust and guard her bounty for her children with the protection of a trustee is so clear, the validity of the trust is not affected because there is no limitation over: Spring’s Estate, 216 Pa. 529.
Appeal dismissed and decree affirmed with costs.
Reference
- Cited By
- 3 cases
- Status
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- Syllabus
- Trusts and trustees — Active trust — Absence of limitation over. A gift by will of a share of the estate of a testatrix to her executors in trust for her daughter, with a direction that “the income arising therefrom shall be paid to her my said daughter from time to time annually during the term of her natural life freed from the obligations and control of any husband she may have” with power in the daughter to dispose of her share by will, but without limitation over, creates an active trust for the daughter for life.