Lockhart's Estate

Supreme Court of Pennsylvania May 3, 1920

Lockhart's Estate, 267 Pa. 390 (Pa. 1920)

111 A. 254; 1920 Pa. LEXIS 873

Brown, Kephart, Moschzisker, Simpson, Walling

Opinion of the Court

Per Curiam,

Tbe trust created by tbe testatrix for William Gardner Crowell for life is clearly good, and is not to be struck down, even if tbe unlimited disposition of ber estate does transgress tbe rule against perpetuities: Whitman’s Estate, 248 Pa. 285; Ewalt v. Davenbill et al., 257 Pa. 385. Tbe question wbicb tbe appellant now raises need not be discussed, for tbe time to raise it will be upon tbe death of tbe stepfather of tbe testatrix.

Appeal dismissed and decree affirmed, at appellant’s costs.

Reference

Cited By: 15 cases
Status: Published
Syllabus: Wills — Trusts and trustees — Active trust — Violation of rule against perpetuities — Time to raise question. Where a testatrix creates a valid trust for life, the trust fund will be paid over to the trustee at the audit of the executor’s account, even if the ultimate disposition of her estate transgresses the rule against perpetuities. The proper time to raise the question as to the alleged violation of the rule, will be upon the death of the life tenant.