141 A. 247 | Pa. | 1928
Argued January 30, 1928. The late Louise T. Bush, of Center County, by her last will, executed September 17, 1921, gave certain specific legacies and provided, inter alia, "I direct that all in-indebtedness owing to me by my son, George T. Bush, at the time of my death, shall remain as an indebtedness by him to my estate, and the payment of the principal thereof shall not be enforced until after his death." She also directed that her daughter and George T., be permitted to occupy their respective apartments in her arcade building so long as they desired, free of charge. The will further provides: "All the rest, residue and remainder of my estate, and property, real, personal and mixed, and wheresoever situate or being, of which I shall [die] seized or possessed, including all indebtedness due from [and] payable by my son, George T. Bush, I give devise and bequeath unto the Bellefonte Trust Company, of Bellefonte, Pa., upon the following trusts, viz.:
"I direct that after the payment of all annual taxes, interest on mortgage and all other necessary and legal expenses, that the net income derived from my property shall be paid semiannually to my daughter Elizabeth H. B. Callaway, and to my two sons George T. Bush and Harry P. Bush, share and share alike during their lifetime, and to the survivors or survivor of them during the lifetime of such survivors or survivor;
"I direct that my estate shall remain in trust until the deaths of my daughter Elizabeth H. B. Callaway, and my two sons George T. Bush, and Harry P. Bush; *410
"I direct, however, that should the above mentioned trustee and subject to the approval of my son George T. Bush, and my granddaughter Magdalene C. Thompson, or either of them, deem it to the best interest of my estate to sell any of my real estate, I hereby authorize my said trustee to make sale thereof and empower said trustee to give a good and sufficient deed or deeds for the conveyance thereof." A later provision gives the corpus of the trust fund to certain named grandchildren upon the death of her last surviving child.
In 1922 testatrix and her son, George T., gave a $3,000 judgment note to the First National Bank of Bellefonte. After the death of testatrix judgment was entered upon that note against said George T. Bush and an execution attachment was issued thereon naming the trustee as garnishee. The defendant sought to have the attachment quashed on the contention that the will created a spendthrift trust. The trial court overruled this application and the defendant, George T. Bush, has appealed.
The appeal cannot be sustained. It is perfectly competent for a donor or testator to creat a valid spendthrift trust so as to protect the trust property from the creditors of the donee or legatee. In the language of Mr. Justice STERRETT, in Mehaffey's Est.,
Stambaugh's Est.,
That sometime after the execution of the will in the case in hand, testatrix signed a note with her son George, cannot influence the conclusion as to the nature of the trust in question. Whether George T. had made a valid assignment of his interest in the trust estate prior to the attachment can be determined at a later stage of the proceedings. This is the case of an ordinary trust and as such the interest of the beneficiary is subject to attachment: Bremer v. Mohn et al.,
The judgment is affirmed.