Ford v. Wilson

Citations

• 10 Del. Ch. 124
• 85 A. 1073
• 1913 Del. Ch. LEXIS 9

Syllabus

<p>Where there is a gift of a life estate in the residue, with a' gift in remainder to a class unascertainable until the death of the life tenant, and at the death of the life tenant there were none of the class, there is intestacy, if there be no gift over, or other disposition of the residue in case of such default.</p> <p>Where a testatrix, having five children, gave a share of her property in trust for one of them during her life, with remainder to her children or grandchildren, she then having neither children nor grandchildren, the children of the testatrix, as her distributees, took equitable, vested interests in remainder in such property, subject to be divested upon the cestui que trust leaving a child or grandchildren; and hence, where she died without children or grandchildren, her administrator and the executor or administrator of another child, who had previously deceased, each took a one-fifth interest in the property.</p> <p>Where a testatrix gave property to trustees to invest the same, collect the rents, interest, dividends and income as they should accrue and become payable, and pay them over to a daughter as often as they should be received during her life, the daughter’s administrator was entitled to the interest and income calculated to the date of her death.</p> <p>An' executor was entitled to require a release from a testamentary trustee in making final settlement before paying over the amount to' which the trustee was entitled, especially as in this State there is no adjudication of estates carrying with it a decree or order for distribution, and the executor or administrator distributes at his peril.</p> <p>Where a testamentary trustee, by direction of the cestui que trust, who was sui juris, refused to give the executor a release upon the final distribution, and the executor thereupon deposited the amount to which the trustee was entitled with a trust company at a low rate of interest, the trustee, in settling with the cestui 'que trust, wa