Estate of Wagener

Citations

• 191 Pa. 566
• 43 A. 399
• 1899 Pa. LEXIS 854

Syllabus

<p>Trusts and trustees—Contingent estate—Act of April 17, 1869.</p> <p>In order to give a person claiming a contingent interest in a trust estate the right to interfere in the management of the estate, the possession of the interest should be established with at least reasonable certainty, and a proceeding under the Act of April 17, 1869, P. L. 70, should not be sustained when its manifest purpose is not to protect a right, but to establish one.</p> <p>Where a testator bequeaths certain securities to trustees “ in trust for S.’s sole and separate use during her natural life .... at her decease . . . .- to the heirs of her body if she should have any,” and names as trustees two sons of S., and one of the trustees borrows money individually upon securities belonging to the trust estate, and so earmarked, and both trustees execute blank powers of attorney with the acquiescence of the cestui que trust, for the transfer of the securities, and subsequently the trustee who borrowed the money is removed from the trust, the assignee of the securities is not such an owner as to give him standing in the orphans’ court to require the remaining trustees to show cause why he should not file an account, why he should not give additional security, and why he should not be dismissed.</p>