Pennsylvania Superior Court Reports Volume 32

Pennsylvania Superior Court Reports Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...to be paid over to the beneficiaries that it could not be attached, but because it was to be paid "into their own hands" upon " their own receipt," these words showing the testator's intention not to permit it to be diverted by any means. The cases cited by the learned judge below show quite clearly that a mere direction " to pay over " to the cestui que trust does not imply an intention to create a spendthrift trust. In the absence of apt words for that purpose, it must appear that the donor's intention would be frustrated by the subjection of the income to the claims of creditors. A conclusion that the testator's intention would be frustrated unless this be held to be a spendthrift trust would have no substantial foundation. Judgment aflirmed. 365 (1907). Syllabus--Charge of Court. Evans 22. Rockett, Appellant. Principal and agent--Sale of real estate--C0mmissi0ns--SermIng two masters. It is a rule of public policy that an agent for the sale of property cannot at the same time act as the agent for the purchaser thereof, and thus become entitled to compensation from both vendor and purchaser. This rule may be waived by an express agreement between the parties, but such agreement cannot be inferred either from knowledge of the fact that the rule had been violated, or from silence or failure to dissent at the time, or from all these combined. Nothing short of clear and satisfactory proof of an express agreement to waive the rule can be regarded as sufficient for that purpose. Argued Oct. 12, 1906. Appeal, No. 69, Oct. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1902, No. 1,995, on verdict for plaintiff in case of D. Z. Evans, Jr., v. Thomas T. Rockett....show more

Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236847679
  • 9781236847676