Bristow v. McCall

Citations

• 16 S.C. 545
• 1882 S.C. LEXIS 28

Syllabus

<p>1. A testator devised Ms real estate to A. and B. and their heirs in trust for the use and benefit of both Ms son E. and daughter D. He continued: “ I hereby direct my executors hereinafter named to divide my lands equally between my son E. and daughter D., and permit each to use, possess and enjoy his or her half in severalty during his or her natural life, and after the death of either, that they divide the share of each among his or her children equally.” A. and B. were appointed executors of the will. After testator’s death, the trustees divided the land between E. and D., and each went into possession of the share allotted to them. 4Iterwards E.’s interest in this land was levied upon under execution and sold. Held, that the purchaser took no title.</p> <p>2. The trust was not executed for the life of E. by the Statute of Uses, but the legal title remained in the trustees to enable them to perform the duties imposed upon them.</p> <p>3. Nor was the interest of E. in this land such an interest as was subject to levy and sale under the tenth section of the Statute of Frauds (2 Stat. 527, Gen. Stat. 472 § 2,) the trust not being a pure and simple trust for the benefit of the debtor alone.</p>