226 Pa. 540 | Pa. | 1910
The paramount intention of the testator, John McClurg, was that his son William should take a fee in an undivided fourth of his farm. Though the devise passed the legal title to a trustee, it was to the trustee for the use and benefit of William McClurg and “his heirs.” This gave an equitable fee to William. What follows discloses no intention that this absolute devise should be cut down to a mere life estate. The father simply wished to throw around the devise to his son and “his heirs” some protection against the son’s improvidence. He had an unquestioned right to do so: Spring’s Est., 216 Pa. 529; and in doing so there was nothing inconsistent with the absolute devise: Boies’s Est., 177 Pa. 190. Nothing but a clearly expressed intention following the absolute devise to reduce it to a spendthrift trust, limited to the life of William, can have such an effect. No such intention appears. On the
The assignments of error are overruled and the judgment is affirmed.