241 Pa. 158 | Pa. | 1913
Opinion by
Nancy L. Partridge, a widow, died September 20, 1895, leaving a will in which she appointed Henry R. Edmunds as her executor. She devised to him two houses “in trust to collect the revenues and rent therefrom and pay the net amount thereof to my daughter Rowena Yandever for and during the whole term of her natural life,” with remainder to the granddaughters of testatrix. She further gave, devised and bequeathed to her executor all the residue of her estate “in trust to invest and keep invested in good and safe securities the principal of iny said estate and pay the net revenue and income thereof as follows:......one-third thereof to my daughter Rowena Vandever for and during the whole term of her natural life. The said interest or share and income of my said daughter Rowena to be so held and paid as to inure solely to the benefit of my daughter and not to be responsible, liable or attachable for her debts or liabilities or the debts, liabilities or engage
The only question raised by this appeal is whether the net income of the trust fund is properly payable to the committee in lunacy, or should be retained and disbursed by the trustee. A number of cases were cited in the argument as analogous to the present case, but in none of them were the facts precisely similar. The claim by the committee here is for income only. In Wilson’s Est., 2 Pa. 325, the claim by the committee was for the principal, and the disposition of the income was not considered. In Royer v. Meixel, 19 Pa. 240, there was a devise of land to a lunatic’s son, and testator directed his executors “to take all my son George’s share into their care so that he cannot dispose of it without their permission.” It was held that the income was payable to the committee of the lunatic, on the ground that no interest in the estate was vested in the executors, and no duty enjoined upon them, and that all that was given them was a mere naked authority to restrain alienation. In Rudy’s App., 20 W. N. C. 241, it was provided that “the said trustee shall keep, support and maintain out of said trust fund my said daughter Eianna, until married,” etc. Mr. Justice Sterrett there said that to require the trustee to pay the income to the committee of the lunatic “would deprive him of the only means he has of performing the active duties of the trust as contemplated by the testatrix.” In Pleasanton’s Est., 232 Pa. 381, the legacy was for the benefit of a minor, not of a lunatic, and the trustee was directed to “apply the same or as much thereof as shall be needed for the support, maintenance and education of my greatniece.” It was held that the duty of the trustee was to expend the income for the benefit of the minor, and that duty was not performed by paying it over to the guardian of her estate. The
In the argument a suggestion was made as to the ap
The assignments of error are dismissed and the decree of the court below is affirmed.