Chamberlain v. Maynes

Citations

• 180 Pa. 39
• 36 A. 410
• 1897 Pa. LEXIS 864

Syllabus

<p>Trusts and trustees — Statute of uses.</p> <p>Where a court of equity would decree a conveyance of the legal title to the cestui que trust, the trust will be considered as executed without a formal conveyance by the trustee.</p> <p>Where a deed of trust provides that the trustee shall convey when the cestui quo trust shall “ be desirous of disposing of her interest in said premises,” the cestui que trust after her determination to end the trust, has a title which is available in ejectment without a previous deed from the trustee; and this is the case although the deed of trust gives to the trustee the incidental authority to make partition when it shall be desired by the cestui que trust.</p> <p>Trust — Presumption of execution — Title to support ejectment.</p> <p>A deed conveyed real estate to a trustee, to hold one half, subject to a life estate in the grantors and the survivor of them, for the benefit of the grantors’ daughter who was to receive the rents and profits of said one half after the death of the grantors, with power to the trustee to convey the portion allotted to her on partition whenever she is desirous of disposing of it. Held, that the daughter took a vested remainder in fee after the life estate, which remainder was alienable by her in the ordinary way, and that, on the death of the life tenants, her grantees could maintain ejectment against cotenants, excluding them from possession, without a previous conveyance from the trustee, which, as it would be decreed in equity on their demand, would be treated as executed.</p>