248 Pa. 218 | Pa. | 1915
Opinion by
George W. Hall, the testator, died December 14,1906, leaving a will wherein he devised and bequeathed to his executors an undivided one-half part of his residuary estate in trust to invest the same and pay the net income thereof to his son, George Raymond Hall, until he should arrive at the age of thirty years. And at the expiration of that time to grant and convey to the son, his heirs, executors, administrators and assigns, “the entire principal of the estate so given to them in trust,” with the remainder over, in case of the son’s death before reaching the age of thirty years. By a codicil, testator altered the terms of the trust to read as follows: “I do now give, devise and bequeath unto the said Peter Boyd and to the Guarantee Trust and Safe Deposit Go. and the survivor of them, their heirs, executors, administrators, successors and assigns, the one full undivided half part of the rest, residue and remainder of my estate which I gave to them by my will aforesaid, in trust, however, for the following uses and purposes and no other. To invest the same and keep the same invested in lawful securities and pay the net income thereof, to my son, George Raymond Hall, until he shall arrive at the full age of thirty-five years, in such manner that the same shall not be liable for his debts or engagements and shall not be assigned or anticipated by him nor be subject to attachment or any other claim of any of his creditors. As soon as my said son arrives at the age of thirty-five years, I order and direct the said trustees and the survivor of
The trust provisions may be divided into three parts as follows: (1) The direction to invest the trust fund and keep it invested; (2) The disposition of the income, and (3) an entirely separate sentence which disposes of the principal. The trustees are directed to “pay the net income......in such manner that the same shall not be liable for his debts.” The words, “in such manner” ap'ply only to the payment of the income, as the manner of investing the principal clearly cannot affect the spendthrift trust. The word “same” immediately following these words must consequently also refer to income only. The fact that testator had previously twice used the word “same” in reference to the investment of the principal, does not indicate that when he used it a third time he intended it still to refer to principal. Another antecedent “net income” had then, intervened, and the obvious and grammatical construction of testator’s language must fie-fer “same” to this latter antecedent. It was an entirely appropriate word for him tó use in that connection. The third part of the .trust clause is the only portion that relates to the disposition of the principal. It is a new sentence and entirely separate and independent from the sentence relating to the income., It contains no provision protecting the subject of the gift from liability for the legatee’s debts or engagements, or from assignment or anticipation by'him. On the contrary it expressly
In construing this provision, Judge Hawkins points out these distinctions, and holds that it was testator’s intention to protect the income “but there was neither express nor implied provision for protection in trans
There is no substantial difference between that case and this, and what is said there should be applied here. Under this view of the case it is not necessary to consider the right of the claimant under her attachment.
Decree affirmed at the cost of appellant.