# Palmer K. Schreiber v. Christopher G. Kellogg

> Court of Appeals for the Third Circuit · March 17, 1995 · 50 F.3d 264

URL: https://www.frixlaw.com/law-library/cases/9487923

## Case

- **Full name:** Palmer K. SCHREIBER, Appellant v. Christopher G. KELLOGG
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** March 17, 1995
- **Citations:** 50 F.3d 264; 1995 U.S. App. LEXIS 5326; 1995 WL 113626
- **Precedential status:** Published
- **Opinion:** Concurrence by Lewis
- **Judges:** Scirica, Lewis, Roney
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9487923

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9487923. Public record. Not legal advice.