Denton v. Schneider

Citations

• 80 Wash. 506
• 142 P. 9
• 1914 Wash. LEXIS 1358

Syllabus

<p>Wills—Construction—Testamentary Trust oe Income—-Termination-—-Right to Remainder. A will devising all a testator’s estate in undivided halves to his son and daughter, share and share alike, subject to a trust disposing of the total income of all his real estate for the use and benefit of a specified minor child of his son and a specified minor child of his daughter equally, to be paid by the executor to the respective guardians of said minor children, share and share alike, the trust to terminate upon the attainment of the age of majority by the younger legatee or upon the death of both legatees before either attains the age of majority, and providing that, in the event of the death of his son’s child before becoming of age, the other trust legatee should continue to receive his undivided one-half until the age of majority, without any provision being made as to the deceased legatee’s share of the income, plainly shows the intent of the testator to create a trust for particular individuals and not for the benefit of two classes of persons, and consequently the trust as to the deceased child would lapse, and her share of the income vest in the devisees, and not survive to her father.</p> <p>Executors and Administrators—Administrator De Bonis Non-—■ Right to Sue—Statutes. Under Rem. & Bal. Code, §§ 1430, 1431, 1538, providing that, in the case of the removal or death of an executor or administrator, he or his representative shall account to his successor, that the succeeding administrator may proceed by law against any delinquent former executor or his personal representatives, and that any administrator may, in his own name, for the use and benefit of all parties interested in the estate, maintain actions on the bond of an executor or of any former administrator of the same estate, authority is conferred upon an administrator de bonis non to maintain an action against a former executor or his personal representatives for the conversion of the rents and profits co