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ESTATE ANNIE MAE FISHER (05/19/75)

decided: May 19, 1975.

IN RE ESTATE OF ANNIE MAE FISHER, DECEASED. APPEAL OF VIRGINIA MCKEEVER


COUNSEL

Allen L. Feingold, Philadelphia, for appellant.

Lloyd B. White, Jr., Philadelphia, for appellee, Oxford Consumer Discount Co. of North Philadelphia, Inc.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Pomeroy, J., filed a dissenting opinion.

Author: Roberts

[ 461 Pa. Page 697]

OPINION OF THE COURT

The question presented by this appeal is whether a personal creditor of the deceased trustee can reach trust

[ 461 Pa. Page 698]

    assets to satisfy its claim. The orphans' court held that the creditor could do so to a limited extent. We conclude that there was insufficient evidence to establish any right to reach the trust assets and therefore reverse.

In April, 1956, Annie Mae Fisher, the owner of certain residential premises in Philadelphia, executed a deed, which was duly recorded, conveying the premises to herself as trustee for the benefit of her daughter, Virginia McKeever, the appellant in this case. Mrs. Fisher reserved to herself the right to use and occupy the premises and to receive the rents and profits therefrom if she chose not to occupy it. Upon her death, the trust was to terminate and legal title was to vest in appellant. Mrs. Fisher, as trustee, was empowered to sell, lease, or mortgage the trust property.

On June 21, 1966, Mrs. Fisher obtained a personal loan from appellee, Oxford Consumer Discount Co., secured by certain household furniture. The principal amount of the loan was $2,543.27, which was paid out as follows:

Preferred Consumer

Discount Co. $1,442.12

Household Finance Corp. ...


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