Harker v. Reilly

Citations

• 4 Del. Ch. 72

Syllabus

<p>A feme covert, owning lands in fee simple, settled, them upon certain trusts for her lifetime, with the further trust that, after her decease, the trustee should “ grant and convey the said premises and every part thereof unto “ such person or persons and for such estate and estates and interest as “she the said M. by her last will and testament, or by any writing &c., “ should order, direct, limit and appoint.” The settlor afterwards, by an instrument executed as a will, directed the trustee to convey the premises to R. his heirs and assigns, in trust to sell and convey the premises and dispose of the proceeds for certain specified purposes. A specific sum being part of the proceeds, was to be paid to B. who had died prior to the date of the will. Held ;—</p> <p>i. That both the limitation in trust and the directions for a sale were warranted by the power.</p> <p>a. That the portion of the fund bequeathed to B., and which by reason of his death was ineffectually disposed of, passed to the heirs at law of M. by way of resulting trust to her as the grantor in the deed.</p> <p>Where there is a qualified conversion by will, if one of the legacies fail, it matters not whether it be void ab origine or lapse, that portion of the fund which fails of its object does not pass with the residue, but results to the party who would have been entitled to the real estate unsold.</p> <p>Under a qualified conversion the heir takes what is ineffectually disposed of, whether the claim be against the administrator, next of kin or residuary legatee.</p> <p>The power to direct a conveyance for “any estate and estates and interest” warrants a direction for the conveyance of the legal estate, either absolutely or subject to any trusts, conditions or limitations whatsoever.</p> <p>The power to appoint estates in land authorizes a direction for the sale of it and a distribution of the proceeds.</p> <p>Where, by reason of an ineffectual disposition under a power, a legacy results to the he