referring to Pennsylvania law
How later courts described this case
- referring to Pennsylvania law
Written by the judges who cited it.
The opinion
LEWIS, Circuit Judge,
concurring.
I would have found that the Wanamaker will’s spendthrift protection did not protect from attachment Kellogg’s interest in 'the Wanamaker trust. Furthermore, I am somewhat skeptical about whether the courts of Pennsylvania would adopt section 157(e) of the Restatement (Second) of Trusts. However, the majority provides a well-reasoned and defensible rationale with respect to both of its conclusions, and the issues being far from clear, I concur. On remand Schreiber may receive at least a portion of the money Kellogg owes him, and I am sure that if we are wrong about section 157(c), the courts of Pennsylvania will let us know in due course.