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218 Pa. 207

Egbert v. de Solms

Supreme Court of Pennsylvania

Decided May 13, 1907

Supreme Court of Pennsylvania · decided 1907-05-13

Appeal, No. 400, Jan. T., 1906, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1906, No. 2,387 discharging rule for judgment on answers in case of Eugene D. Egbert, Trustee, v. Sidney J. B. de Solms, defendant, and the Philadelphia Trust, Safe Deposit & Insurance Co., Garnishee. Rule for judgment on answers to interrogatories.

Relies on Mackason's Appeal

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1907-05-13

How this case has been cited

Cited by 22 later decisions — most recently August 2002

8 federal appellate · 10 state decisions

8019071910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1Except as against existing creditors, or those in specific contemplation in the immediate future, the defendant and his wife, the settlors in the deed of trust, could have conveyed a present absolute estate to their children, and a fortiori they could convey an estate in remainder. This is what they did, and the remainder vested in the children at once : Solms v. Phila. Trust Co., 16 W. N. C. 80. The power of appointment by the settlors in regard to the respective shares in which the children should take did not in any way diminish the estate of the remainder-men, or reserve to the settlors any interest which would invalidate the trust in favor of ■ their creditors.

¶2The income, however, reserved to the settlor during his life, no matter how carefully guarded for his own use, was assets for payment of his debts : Mackason’s Appeal, 42 Pa. 330. '

¶3It appears, however, by the answers of the garnishee that the income which it has collected and now holds was assigned by instrument in writing to another creditor before the service of. the present attachment, but that the defendant cestui que trust had revoked the assignment. In this position of affairs there was no admission of assets in its hands liable to attachment, and the rule was properly discharged.

¶4Judgment affirmed.

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