46 Pa. Super. 358 | Pa. Super. Ct. | 1911
Opinion by
This is an appeal by the Manayunk Trust Company, trustee under the will of William H. H. Davis, deceased, garnishee, from a judgment entered upon a verdict, after trial in the court below. The plaintiff had obtained a judgment against James A. Davis and upon that judgment
The judgment was entered against the garnishee as “trustee under the will of William H. H. Davis, deceased,” and the trust company cannot under any circumstances be required to pay this judgment out of its own property. The effect of the service of the execution attachment upon the garnishee was to put the plaintiff into the place of James A. Davis, the defendant, with regard to any claim he held against or interest which he had in the trust estate, in the hands of the trustee. Did the facts agreed upon establish that the judgment defendant had any claim against or interest in the trust estate, which was liable to attachment? The facts agreed upon established “That there was due James A. Davis, the defendant, a balance of $197.91, payable out of income, in addition to his life interest.” And further that that amount had been “awarded to him by adjudication of the orphans’ court of Philadelphia county;” and that said amount had not been paid. It is conceded that the orphans’ court had jurisdiction of the trust estate and of the parties interested therein when it entered the above-stated decree.
A court of competent jurisdiction has judicially determined that the judgment defendant was entitled to receive from this trust estate a specific sum of money. This conclusively settled the question that the amount was then due and owing: Lex’s App., 97 Pa. 289. That decree also determined that for some reason, probably the provisions of the will, this claim against the trust estate could not be taken out of the principal of the fund, but must be paid out of the income. Any interest which a judgment debtor may have in a decedent’s estate, unless by the provisions of the will protected from liability for his debts, is subject
The judgment is affirmed.