4 Pa. 56 | Pa. | 1846
The earlier decisions that a trust for payment of debts is a direction not to plead the statute of limitations, have been properly swept away. They were vigorously attacked by counsel in Stackhouse v. Barnston, 10 Ves. 459; and they have received the pointed disapprobation of Lord Hardwicke, Lord Eldon, and other eminent men. The entire series which preceded Burke v. Jones, 2 Ves. & Beam. 275, was examined by the vice-chancellor in that case; and the principle he deduced from them is a very rational one, that debts barred at the testator’s death are not revived; but that debts, against which the statute was running, are taken out of its further operation into the protection of the trust. The difficulty then resolves itself into the familiar principle that a trust is not
Judgment affirmed.