Foster v. Glover

Citations

• 46 S.C. 522
• 24 S.E. 370
• 1896 S.C. LEXIS 73

Syllabus

<p>1. Trust Deed — Trust.—A trust deed conveyed certain lands to “F., trustee, his heirs and assigns forever, in trust for the sole and separate use of Mrs. Sarah A. Foster and her children. And my son, George W. Foster, is requested and desired to reside on the premises during his lifetime, or as long as it may suit his pleasure or convenience.” Held, that George W. has no right of possession during his life.</p> <p>2. Ibid. — Ibid.—Rev. Stat., 2089. — Under this deed, the trust is simply a dry, passive one, and under Rev. Stat., 2089, the estate immediately vested in the cesiuis que trustent.</p> <p>3. Trust Deed — Feb of Cestui Que Trust. — Where a deed conveys to a trustee a dry or passive trust iu fee, the cesitds que trustent take the laud in fee.</p> <p>4. Ibid. — Ibid.—In this State the rule is to look into the trust deed for the intention of the grantor; and in this deed it was the intention of the grantor to give the beneficiaries a fee in the lands.</p> <p>5. Ibid. — Under this deed the wife and her four children took each a one-fifth interest.</p> <p>6. Ibid. — Under this deed, the wife being dead, G. W. Foster, sr., is entitled to one-fifteenth of the land, and each child to seven-thirtieths.</p> <p>7. Attorney’s Fees. — In this case there is no authority for including attorney’s fees for collection in the amount due on the Turner bond and mort- ' gage.</p>